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FRENCH v. UNITED STATES

Civ. A. No. 20005.

180 F.Supp. 773 (1960)

Earl R. FRENCH, Plaintiff, v. UNITED STATES of America and Thomas E. Scanlon, Director of Internal Revenue, First District of New York, Defendants.

United States District Court E. D. New York.

January 28, 1960.

Attorney(s) appearing for the Case

Julius Zizmor, New York City, for plaintiff.

Cornelius W. Wickersham, Jr., U. S. Atty. for Eastern Dist. of New York, Brooklyn, N. Y., for defendants, by Irving L. Innerfield, Asst. U. S. Atty., New York City, and Lee L. Phillips, Atty., Dept. of Justice, Washington, D. C., of counsel.

BYERS, District Judge.

Two motions are before the court in this case, the first being by the plaintiff for summary judgment, and the second, to dismiss the second defense pleaded in the answer.

The action is for a refund of $5,962.60 levied against the plaintiff as President of Noring Machine Corporation, a bankrupt. The basis of the penalty assessment was the alleged failure of the corporation to withhold income and Social Security taxes during the second...

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