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SITNICK v. UNITED STATES

Civil No. 15686.

244 F.Supp. 656 (1965)

Larrye SITNICK and Benjamin Meyers v. UNITED STATES of America.

United States District Court District of Maryland.

July 14, 1965.

Attorney(s) appearing for the Case

Robert L. Sullivan, Jr., Thomas W. Lewis, and Barry I. Robinson, Baltimore, Md., for plaintiffs.

Thomas J. Kenney, U. S. Atty., and Robert W. Kernan, Asst. U. S. Atty., Baltimore, Md., and Allen L. Schwait and Moshe Schuldinger, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, and Allen L. Schwait, Dept. of Justice, Washington, D. C., and Thomas J. Kenney, U. S. Atty., Baltimore, Md., on the brief), for defendant.

NORTHROP, District Judge.

This action arises as a result of the disallowance of plaintiffs' claim for refund of payment of excise tax and penalties and interest. On February 2, 1964, plaintiffs made a partial payment to the United States (Government) of $1,767.57; this represented an excise tax of $1,170.92 and penalty and interest of $596.65 assessed against them for the first quarter of 1959. The Government has counterclaimed for its full assessment of $104,569...

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