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FLEMING v. UNITED STATES

No. 79-C-34.

483 F.Supp. 284 (1980)

John B. FLEMING, Personal Representative of the Estate of John J. Fleming, Deceased, Plaintiff, v. UNITED STATES of America, Defendant and Counterclaimant.

United States District Court, E. D. Wisconsin.

January 30, 1980.

Attorney(s) appearing for the Case

Michael W. Fleming, Milwaukee, Wis., for plaintiff.

Jeffrey D. Snow, Trial Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

WARREN, District Judge.

This is a civil action brought pursuant to 28 U.S.C. § 1346(a)(1). Plaintiff seeks return of $28,688.63 additional estate tax assessed following plaintiff's failure to file the estate tax return and the estate tax by the due date. 26 U.S.C. § 6651(a)(1). Plaintiff has moved for summary judgment in his behalf, arguing that he should be excused from the penalty because his "failure [to timely file was...

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