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LESHER v. UNITED STATES

No. S 74-217.

440 F.Supp. 372 (1977)

Howard LESHER, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. MACHINERY PURCHASING SERVICE and Lowell Yarian, Third-Party Defendants.

United States District Court, N. D. Indiana, South Bend Division.

July 26, 1977.

Attorney(s) appearing for the Case

James M. Miller, South Bend, Ind., C. Severin Buschmann, Jr., Indianapolis, Ind., for plaintiff.

John R. Wilks, U. S. Atty., Fort Wayne, Ind., John A. DiCicco, Tax Div., Dept. Justice, Washington, D. C., Russell H. Fisher, John L. Carey, Gordon S. Eslick, South Bend, Ind., for defendant.

ORDER AND MEMORANDUM

ALLEN SHARP, District Judge.

This is an action for the recovery of a 100% penalty in the amount of $200.00, plus statutory interest. This amount was paid by plaintiff in partial satisfaction of a 100% penalty in the amount of $21,592.41 assessed against him, pursuant to the provisions of Sections 6671 and 6672 of the Internal Revenue Code of 1954 (hereinafter Code) for the unpaid employment taxes withheld from the wages of the employees...

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