SENSITIVE ORIGINAL WITHHELD BY CIA
Originator: HSCA
From: CIA
Document date: 00/00/0000
Document type: FORM

## Page 1

Released under the John F. Kennedy

Assassination Records Collection Act of

992 (44 USC 2107 Note]. Case#:NW

64578 Date: 12-15-2022

Date

Page

09/02/19

1

JFK ASSASSINATION SYSTEM

IDENTIFICATION FORM

AGENCY INFORMATION

AGENCY : 137

RECORD

NUMBER

: 137-10005-10170

RECORDS

SERIES

: REGIONAL OFFICE, MIDSTATES, DALLAS

AGENCY FILE NUMBER

DOCUMENT. INFORMATION

ORIGINATOR : MARY C. VANCE, DOJ ATTORNEY

FROM : ORIGINATOR

TO : NORTHERN DISTRICT COURT

TITLE : COMPLAINT AND SUMMONS TO APPEAR IN DISTRICT COURT

DATE : 02/13/1991

PAGES : 7

SUBJECTS

: RUBY, JACK,

BUSINESS AND FINANCIAL INTERESTS

DOCUMENT TYPE : PAPER, TEXTUAL DOCUMENT

CLASSIFICATION

.: UNCLASSIFIED

RESTRICTIONS : OPEN IN FULL

CURRENT STATUS

: OPEN

DATE OF LAST REVIEW

: 09/02/1998

OPENING CRITERIA :

COMMENTS :

[R]

- ITEM IS

RESTRICTED

NW 64578 Docld:32284074 Page 1

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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA,

Plaintiff

CIVIL NO. CA3-91-0314-R

V.

ESTATE OF JACK L. RUBY,

a/k/a JACK RUBINSTEIN,

Defendant

NOTICE AND ACKNOWLEDGEMENT TO JAMES M. SIMONS

TO:

Estate of Jack Ruby

c/o James M. Simons

617 Blanco Street

Austin, Texas 78703

The enclosed Summons and Complaint are served pursuant to Rule

4(c) (2) (C) (ii) of the Federal Rules of Civil Procedure. You must

complete the acknowledgement part of this form and return one copy

of the completed form to the sender within 20 days. You must sign

and date the acknowledgement. If you are served on behalf of a

corporation, unincorporated association (including a partnership),

or other entity, you must indicate under your signature your

relationship to that entity. If you are served on behalf of

another person and you are authorized to receive process, you must

indicate under your signature your authority.

RECEIVED

DALLAS

FEB 21 1991

DISTRICT COUNSEL

SW REG., IRS

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If you do not complete and return the form to the sender

within 20 days, you for the party on whose behalf you are being

served) may be required to pay any expenses incurred in serving

the Summons and Complaint in any other manner permitted by law.

I declare, under penalty of perjury, that this Notice and

Acknowledgment of Receipt of Summons and Complaint were mailed on

the

13=

day of

7 ebruay

1991.

LOUISE P. HYTKEN

Attorney in Charge

BY :

MARY C. VANCE

State Bar No. 20476600

Attorney Tax

• Division

Department of Justice

Room 5B31, 1100 Commerce Street

Dallas, Texas

75242-0599

(214)

767-0293

MARVIN COLLINS

United States Attorney

===-

RUBY1. NAA

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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA,

Plaintiff

v. :

CIVIL NO. CA3-91-0314-R

ESTATE OF JACK L. RUBY,

a/k/a JACK RUBINSTEIN,

Defendant

ACKNOWLEDGEMENT OF RECEIPT OF JAMES M. SIMONS

I declare, under penalty of perjury, that I received a copy

.. of the Summons

and Complaint in the above-captioned matter at 617

Blanco Street, Austin, Texas 78703.

JAMES M. SIMONS

DATE OF SIGNATURE

==

RUBYI. NAA

3

NW 64578 Docld:32284074 Page 4

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## Page 5

15340 iReu 5:851 Summgasin a Ciur iction 8

United States District Court

NORTHERN

- DISTRICT OF -

TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA:

Plaintiff,

V

ESTATE OF JACK L.

_RUSY,

a/k/a JACK RUBINSTEIN,

Deceased,

Defendant.

SUMMONS IN A CIVIL ACTION

CASE NUMBER:

CÁ 3-91-0314-R

617 Blanco Street

Austin, Texas 78703

77491"

30.

YOU ARE HEREBY SUMMONED and required to flle with the Clerk of this Court and serve upon

PLAINTIFF'S ATTORNEY (namo ano 8d0re18)

Mary C. Vance

Attorney, Tax Division

Department of Justice

Room 5B31,

1100 Commerce St.

• 19:.611

Dallas,

Texas 75242-0599

(214) 767-0293

an answer to the complaint which is herewith served upon you, within

- days after service of

this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken

against you for the reliet demanded in the complaint.

NANCY DOMINIY

CLERK

BY DEPUTY CLERK

Willian

NW 64578 Docld:32284074 Page 5

FEB 12 1991

DATE

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IN THE UNITED STATES DISIRICI COURT FOR FUS LE D

NORTHERN DISTRICT OF TEXAS

FEB 1 1 1991

DALLAS DIVISION

NANCY DOHERTY, CLERK

UNITED STATES OF AMERICA,

Plaintiff

By -

Deputy

V.

CIVIL NO.

CA8-91-0314-R

ESTATE OF JACK L. RUBY

a/k/a JACK RUBINSTEIN,

Deceased,

COMPLAINT

COMES NOW plaintiff, United States of America, for its

Complaint against the Estate of Jack I. Ruby, deceased, and the

Executor of the Estate of Jack L. Ruby, when the Executor has been

named by the Probate Court, and alleges as follows:

I

This is a civil action instituted by the United States of

America for the purpose of reducing to judgment federal tax

liabilities against the Estate of Jack L. Ruby, deceased and the

Executor of the Estate of Jack I. Ruby, when the Executor is named

by the Probate Court for the third quarter of 1959 through the

second

quarter of 1962 and the fourth quarter of 1963.

II

This

action has been authorized and requested by the District

Counsel, Internal Revenue Service, a delegate of the Secretary of

the Treasury, and is brought at the direction of the Attorney

General of the United States, pursuant to the provisions of Section

7401 of the Internal Revenue Code of 1986 (26 U.S.C.)

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(

III

Jurisdiction of this action is conferred upon this court by

28 U.S.C. Sections 1340 and 1345; 26 .U.S.C. Section 7402, and 31

U.S.C. Section 3713.

IV

Decedent, Jack I. Ruby, was assessed taxes under the Internal

Revenue Code of 1954 (26 U.S.C.) and Notices of Federal Tax Liens

were filed in Dallas County as follows:

Type of Tax

Tax Period

Unpaid Balance

Withholding

12-31-63

$2,086.13

Tax Lien Filed

3-25-64

& FICA

Excise

9-1-59 through $82, 626.55

6-30-62

3-13-63

Unemployment

Unemployment

12-31-63

12-31-63

$728.97

$568.24

5-11-64

A Proof of Claim was filed with the Probate Court on or about

July 18, 1967. The Proof of Claim was approved by the Executor on

August 15, 1967. An amended Proof of Claim was filed with the

Executor on or about June 15, 1989, in the total amount of

$86,009.89.

The Amended Proof of Claim was approved on or about

June 26, 1989.

VI

Earl Ruby and the heirs of Jack L. Ruby filed a petition for

removal of the Executor of the Estate of Jack L. Ruby and a Motion

for Distribution of the Estate Assets, claiming that the tax claim

of the Internal Revenue Service was barred by the Statute of

RUBY.COM

2

NW 64578 Docld:32284074 Page 7

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Limitations and seeking to have the Estate assets turned over to

the heirs.

VII

on or about November 6, 1990, the Executor of the Estate of

Jack I. Ruby was removed by jury verdict pursuant to the petition

for removal filed by Earl Ruby and the heirs of Jack L. Ruby.

VIII

Earl Ruby has been proposed as successor Executor of the

Estate of Jack I. Ruby, but has not yet been appointed by the

Probate Court.

The United States of America will amend its

complaint to name the Executor when he has been appointed by the

Probate Court.

WHEREFORE, plaintiff, United States of America, prays that

this Court make a determination of tax liability with respect to

decedent and reduce said liability to judgment, and award plaintiff

its costs and such other and further relief as this Court may deem

just and proper.

=

LOUISE P. HYTKEN

Attorney in Charge

By:

C. Vee

MARY C. VANCE

State Bar No. 20476600

Attorney Tax Division

Department of Justice

Room 5B31, 1100 Commerce Street

Dallas,

Texas 75242-0599

(214)

767-0293

MARVIN COLLINS

United States Attorney

ATTORNEYS FOR UNITED STATES

3

RUBY.COM

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