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SWEARINGEN v. UNITED STATES

Civ. A. No. 82-M-980.

565 F.Supp. 1019 (1983)

Richard SWEARINGEN, and Bette Swearingen, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Colorado.

June 29, 1983.

Attorney(s) appearing for the Case

Dennis W. King, Joseph H. Thibodeau, P.C., Denver, Colo., Elisabeth A. Walker, Darrell F. Brown & Associates, P.C., Little Rock, Ark., for plaintiffs.

Susan Souder, Tax Div., Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

This is an action under 28 U.S.C., seeking recovery of taxes illegally or erroneously assessed by the United States. Richard and Bette F. Swearingen ("the plaintiffs") moved for summary judgment. The United States ("the government") filed a cross motion for summary judgment. Both parties have submitted extensive briefs, and a hearing on the cross motions has been held.

The plaintiffs are married...

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