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UNITED STATES v. PENN

Civ. A. No. 2190—Tucson.

266 F.Supp. 655 (1967)

UNITED STATES of America, Plaintiff, v. Harry PENN and Louis Zunin, Defendants.

United States District Court D. Arizona.

March 31, 1967.

Attorney(s) appearing for the Case

Richard C. Gormley, U. S. Atty., JoAnn D. Diamos, Asst. U. S. Atty., Tucson, Ariz., for plaintiff.

Richard C. Harris, Dowdall & Harris, Tucson, Ariz., for defendants.

OPINION

RUSSELL E. SMITH, District Judge.

May a wage earner who is indebted to the United States for federal withholding and Federal Insurance Contribution Act taxes frustrate the efforts of the United States to recover those taxes by collecting his wages in advance? Motions for summary judgment made by the plaintiff and the defendants pose this problem.

From the pleadings, answers to interrogatories...

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