RODRIGUEZ v. UNITED STATES

No. 82 C 5064.

629 F.Supp. 333 (1986)

Alfred RODRIGUEZ and Marguerite Rodriguez, Plaintiffs, v. The UNITED STATES of America and James S. Straughn, Defendants.

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

February 19, 1986.


Attorney(s) appearing for the Case

Abraham N. Goldman, Abraham N. Goldman & Associates, Ltd., Chicago, Ill., for plaintiffs.

William Clabault, Asst. U.S. Atty., Chicago, Ill., and Angelynn C. Hall, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., for defendants.


MEMORANDUM AND ORDER

MORAN, District Judge.

This case presents the issue of whether the Internal Revenue Service may, without warning, levy on a taxpayer's bank account when the only reason the taxpayer has an underpayment is that an IRS computer, without any request from the taxpayer, erroneously generated a refund check. This court holds that it cannot and orders that the levy be lifted.

FACTS

The facts in this case are few and not seriously...

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