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BUSSEY v. U.S.

No. 1:90-cv-713.

800 F.Supp. 1493 (1992)

William W. BUSSEY, Jr., Plaintiff, v. UNITED STATES of America, Defendant and Counterclaim Plaintiff, v. Robert O'BRIEN, Counterclaim Defendant.

United States District Court, W.D. Michigan, S.D.

June 5, 1992.

Attorney(s) appearing for the Case

N. Stevenson Jennette, III, Kaplin S. Jones, and Matthew V. Piwowar, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, Mich., for William W. Bussey, Jr.

Agnes M. Kempker-Cloyd, U.S. Asst. Atty., John A. Smietanka, U.S. Atty., Grand Rapids, Mich., and Mark D. Lansing, U.S. Dept. of Justice, Tax Div., Washington, DC, for the U.S.

William Nasser, pro se.

OPINION DENYING MOTION FOR SUMMARY JUDGMENT

HILLMAN, Senior District Judge.

I. Background.

This is an action brought by a taxpayer, William W. Bussey, Jr. ("plaintiff") for abatement of a tax assessment and for refund of monies already paid toward the assessment. The Internal Revenue Service ("IRS") assessed the penalty tax against plaintiff for employee withholding taxes which a company with which plaintiff was associated collected from...

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