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GRAUNKE v. U.S.

No. 87 C 9493.

711 F.Supp. 388 (1989)

Mark GRAUNKE, Plaintiff, v. UNITED STATES of America, Defendant.

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

February 28, 1989.

Attorney(s) appearing for the Case

Charles F. Hendershot, Eva W. Tameling, Morgan & Tameling, Hinsdale, Ill., Frank J. DeSalvo, James M. Roche, Botti, Marinaccio, DeSalvo & Tameling, Oak Brook, Ill., for plaintiff.

Anton B. Valukas, U.S. Atty., Martin B. Lowery and Mary S. Rigdon, Asst. U.S. Attys., Chicago, Ill., Karen Smith, U.S. Dept. of Justice, Washington, D.C., Benjamin Norris, Michael von Mandel, Gail C. Ginsberg, Asst. U.S. Attys., Chicago, Ill., and Joseph Cammarata, Trial Atty., Tax Div., Washington, D.C., for U.S.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

HART, District Judge.

Plaintiff Mark Graunke seeks a refund of money paid against a 100% penalty assessment made by the Internal Revenue Service ("IRS") pursuant to 26 U.S.C. § 6672. The United States filed a counterclaim against plaintiff seeking a judgment in the amount of the unpaid balance of the assessment. The United States also brought suit against Ronald R. Curcio to reduce to judgment a 100% penalty...

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