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KOEGEL v. UNITED STATES

No. 75 Civ. 5013-CLB.

437 F.Supp. 176 (1977)

David KOEGEL, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

July 1, 1977,

Attorney(s) appearing for the Case

Stephen L. Packard, New York City, for plaintiff.

N. L. Gerber, Asst. U. S. Atty., New York City, for defendant.

[437 F.Supp. 177]

FINDINGS AND CONCLUSIONS

BRIEANT, District Judge.

By his complaint filed October 13, 1975, plaintiff David Koegel seeks a refund of a tax penalty of $24,872.35, which he paid on April 4, 1973. This penalty was timely assessed on November 24, 1971 for the unpaid federal employee withholding taxes and the Social Security ("FICA") taxes of Auburn Toys, Inc. ("Auburn Toys"). The assessment included $12,462.98 for...

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