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SCHOEN v. UNITED STATES

No. 83 C 5417.

582 F.Supp. 47 (1984)

David SCHOEN and Peter Schoen, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Illinois, E.D.

January 12, 1984.

Attorney(s) appearing for the Case

John F. Lesch, Lesch & Lesch, Chicago, Ill., for plaintiffs.

Ann L. Wallace, Asst. U.S. Atty., Chicago, Ill., James K. Wilkens, Department of Justice, Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

WILLIAM T. HART, District Judge.

This action is brought by David Schoen, Peter Schoen and Cadwallader & Johnson ("C & J"), seeking a declaration that $52,383 paid by C & J's co-assignees for the benefit of creditors was improperly applied by the Internal Revenue Service (the "Service"). Plaintiffs allege the Service applied this payment to the non-trust fund portion of taxes admittedly due from C & J, despite...

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