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BONNABEL v. U.S.

Civ. A. No. 88-1050.

744 F.Supp. 85 (1990)

Henry BONNABEL, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. New Jersey.

As Amended August 27, 1990.

Attorney(s) appearing for the Case

Thomas Dilullo, Dilullo and Sweeney, Hackensack, N.J., for plaintiff.

Michael Chertoff, U.S. Atty. by Susan C. Cassell, Newark, N.J., Dick Thornburgh, U.S. Atty. Gen. by Stephen T. Lyons, U.S. Dept. of Justice, Washington, D.C., for defendant.

OPINION

WOLIN, District Judge.

Before the Court in this tax refund action is a motion by defendant United States of America for summary judgment. The Internal Revenue Service ("IRS") claims that the assessment against plaintiff Henry Bonnabel was properly imposed pursuant to 26 U.S.C. § 6672 (1982) and therefore plaintiff is not entitled to receive a refund of monies paid. Because the Court finds that there is a material fact issue as to whether plaintiff...

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