Lustgarten v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

MEMORANDUM

LOUIS H. POLLAK, District Judge.

This is an action for professional malpractice. Plaintiffs Paul and Jacqueline Lustgarten, faced with the distressing prospect of owing the Government a sizeable sum of money in the way of a deficiency in their federal income tax return for 1971, seek to recover money damages. They allege that their predicament results from the negligence of the various defendants in rendering tax advice in connection with an ill-fated stock sale transaction. Defendants have moved to dismiss.

I

The allegations embodied in the complaint — allegations assumed to be true…