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UNITED STATES v. ROSE

No. 80 Civ. 2925 (MEL).

549 F.Supp. 830 (1982)

UNITED STATES of America, v. Jack ROSE, Defendant.

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

October 25, 1982.

Attorney(s) appearing for the Case

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for U.S.; Twila Perry, Asst. U.S. Atty., New York City, of counsel.

Butler, Fitzgerald & Potter, New York City, for defendant; Raymond Fitzgerald, New York City, of counsel.

LASKER, District Judge.

This case presents questions of interpretation of the recently-enacted Equal Access to Justice Act, 28 U.S.C. § 2412, which provides for attorney fee awards to a party who has prevailed against the United States where the government is unable to demonstrate that its position was "substantially justified."

Jack J. Rose contends that the government erroneously assessed taxes against him. He claims that the taxes that are the subject...

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