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GARCIA-PEREZ v. UNITED STATES

No. Civ. 78-29.

579 F.Supp. 325 (1980)

Antonio GARCIA-PEREZ, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. New Jersey.

Supplemental Memorandum September 16, 1980.

Attorney(s) appearing for the Case

Zuckerman, Aronson & Horn by Carl B. Levy, Newark, N.J., for plaintiff.

Robert Del Tufo, U.S. Atty., by Eric Chase, Asst. U.S. Atty., Newark, N.J., and M. Carr Ferguson, Asst. Atty. Gen., Tax Div., Dept. of Justice, by D. Patrick Mullarkey, Chief, Civil Trial Section Northern Region, and Stephen Lyons, Sp. Atty., Washington, D.C., for defendant.

MEMORANDUM*

BIUNNO, District Judge.

This is a civil suit to recover a refund of taxes assessed and collected as a tax on wagering, 26 U.S.C. § 4401, et seq., and to cancel the remainder of the tax as assessed but not collected. The United States counterclaimed for judgment on the balance of the tax assessed but not collected.

The matter came before the court on motions...

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