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WESTENBERG v. UNITED STATES

Civ. No. 2370.

285 F.Supp. 915 (1968)

Charles E. WESTENBERG, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Arizona.

April 10, 1968.

Attorney(s) appearing for the Case

James Powers, Powers & Rehnquist, Phoenix, Ariz., for plaintiff.

A. Jerry Busby, Tax Division, Justice Department, Washington, D.C., and Edward Davis, U.S. Atty., District of Arizona, Tucson, Ariz., for defendant.

FINDINGS AND OPINION

KILKENNY, District Judge:

This is an action for refund of a "penalty" imposed on plaintiff pursuant to Section 6672 of the Internal Revenue Code of 1954.1 Defendant counterclaims for a claimed liability under the same section. Each of the parties waived a trial by jury.

The taxpayer is a citizen and a resident of the State of Arizona, United States of America, and is subject to the Internal Revenue...

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