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ALTMAN v. U.S.

No. 86 C 2506.

738 F.Supp. 83 (1990)

Phyllis ALTMAN, Individually and as Surviving Spouse of Bennett Altman, Plaintiff, v. UNITED STATES of America, Defendant.

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

June 18, 1990.

Attorney(s) appearing for the Case

Kase & Druker (James O. Druker, and Paula Schwartz Frome, of counsel), Garden City, N.Y., for plaintiff.

Andrew J. Maloney, U.S. Atty. (Igou Allbray, Deputy Chief, Civ. Div., of counsel), Brooklyn, N.Y., U.S. Dept. of Justice, Tax Div. (Deborah S. Meland, Trial Atty., of counsel), Washington, D.C., for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge:

Plaintiff brought this action under the Internal Revenue Code, 26 U.S.C. § 7422, seeking the refund of income taxes, interest and penalties erroneously and illegally assessed. The court has jurisdiction pursuant to 28 U.S.C. § 1346(a)(1). Plaintiff now moves for summary judgment.

I.

The parties have stipulated to the facts, as follows.

Plaintiff, Phyllis Altman, is the surviving...

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