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HORWITZ v. UNITED STATES

236 F.Supp. 812 (1964)

Emil HORWITZ, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

June 1, 1964.

Attorney(s) appearing for the Case

Friedman & Friedman, New York City, for plaintiff, Hyman R. Friedman, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for United States, Bruno Lederer, Asst. U. S. Atty., of counsel.

LEVET, District Judge.

The plaintiff, Emil Horwitz, seeks by this action to recover penalties alleged to have been erroneously and illegally assessed against him pursuant to Section 2707(a), Int.Rev.Code of 1939.1 Penalties equal to 100% of the employees' withheld income taxes and Federal Insurance Contribution Act (F.I.C.A.) taxes which were not paid over to the United States by Berger Hosiery Co., Inc. for the first quarter of 1951 and...

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