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ROYAL DENIM FOR IMPORT AND EXPORT, INC. v. U.S.

No. 04 Civ. 6706(LLS).

371 F.Supp.2d 569 (2005)

ROYAL DENIM FOR IMPORT AND EXPORT, INC. and Fred Reda, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

United States District Court, S.D. New York.

May 26, 2005.

Attorney(s) appearing for the Case

Barry Leibowicz, Great Neck, NY for Plaintiffs.

Pierre G. Armand, U.S. Atty., Southern District of New York, New York City, for Defendant.

OPINION and ORDER

STANTON, District Judge.

Defendant's motion to dismiss for lack of subject matter jurisdiction is granted for the reasons that follow.

Background

On February 1, 2002, the Internal Revenue Service issued a jeopardy assessment pursuant to 26 U.S.C. § 6861 against plaintiff, Royal Denim for Import and Export, Inc., because of Royal Denim's failure to file a tax return for the tax year 1999. The IRS then issued...

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