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ALLAN v. UNITED STATES

Civ. A. No. 3-6083-F.

386 F.Supp. 499 (1975)

Francis K. ALLAN v. UNITED STATES of America.

United States District Court, N. D. Texas, Dallas Division,

January 6, 1975.

Attorney(s) appearing for the Case

Claude R. Wilson, Jr., Dallas, Tex., for plaintiff.

Frank D. McCown, U. S. Atty., Martha Joe Stroud, Asst. U. S. Atty., Dallas, Tex., Howard A. Weinberger, Tax Division, Department of Justice, Dallas, Tex., for defendant.

MEMORANDUM OPINION

ROBERT, W. PORTER, District Judge.

This is a suit for the refund of some $20,000 assessed as a 100 percent penalty under § 6672 of the Internal Revenue Code of 1954 (26 U.S.C. § 6672). The taxpayer-plaintiff argues that he is not liable for the tax because the Internal Revenue Service made a clerical error on certain forms it mailed him, which incorrectly stated the name of the corporation that had failed to pay over withholding...

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