MEMORANDUM AND ORDER
WHITE, District Judge.
This is an action for the recovery of Internal Revenue taxes, the Court having jurisdiction under 28 U.S.C. § 1346(a). The plaintiff alleges that on June 7, 1982 the District Director of the Internal Revenue Service assessed a 100% penalty against the plaintiff for withholding taxes which were not paid from April 1, 1979 to September 30, 1979 by the M & M Auto Body Company. On July 6, 1982 plaintiff paid...
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