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SCHERER v. UNITED STATES

Nos. 3802, 3806.

228 F.Supp. 168 (1963)

A. Peter SCHERER, Plaintiff, v. UNITED STATES of America, Defendant. Truman JOINER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Idaho, S. D.

December 16, 1963.

Attorney(s) appearing for the Case

Myron E. Anderson, for plaintiffs.

Claude V. Marcus, Boise, Idaho, for plaintiff, Z. Peter Scherer.

Sylvan A. Jeppesen, U. S. Atty., Jim Christensen, Asst. U. S. Atty., Boise, Idaho, Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, Jerome Fink, John M. Bray, Attys., Dept. of Justice, Washington, D. C., for defendant.

CHASE A. CLARK, Chief Judge.

These are actions brought by taxpayers, J. Peter Scherer, Cause number 3802, and Truman Joiner, Cause number 3806, for a refund of a portion of a penalty, plus interest, assessed against the plaintiffs. Such penalties were levied on the grounds that plaintiffs were responsible persons under a duty to withhold, collect, and pay over F.I.C.A. taxes and withholding taxes of Lucky Custer Mining Corporation, within the meaning of Sec. 6672...

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