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COUNCIL v. BURKE

Civ. No. C-87-457-WS.

713 F.Supp. 181 (1988)

Kay M. COUNCIL, Executrix of the Estate of Alex M. Council, III, and Kay M. Council, Individually, Plaintiffs, v. John E. BURKE, District Director of Internal Revenue; Lawrence Gibbs, Commissioner of Internal Revenue; and United States of America, Defendants.

United States District Court, M.D. North Carolina, Winston-Salem Division.

December 16, 1988.

Attorney(s) appearing for the Case

G. Gray Wilson, James M. Iseman, Jr., Winston-Salem, N.C., for plaintiffs.

U.S. Atty., Jose F. de Leon, Trial Atty. Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM OPINION

BULLOCK, District Judge.

This lawsuit arises out of Plaintiffs' efforts to have the Internal Revenue Service (IRS) permanently enjoined from any enforcement, levy, or collection of an assessed deficiency of income tax penalties and interest for the year 1979. According to Plaintiffs, the statutory notice of deficiency required to be mailed to them by the expiration of the statute of limitations was not sent to their last known address...

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