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FENNELL v. U.S.

Civ. A. No. 92-F-1646.

830 F.Supp. 1368 (1993)

James W. FENNELL; Marjorie Fennell; Francis X. Byrne; Carolyn R. Byrne; Charles R. Byrne; and Karen S. Byrne, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Colorado.

June 30, 1993.

Attorney(s) appearing for the Case

Ellis J. Sobol, Denver, CO, for plaintiffs.

James R. Allison, Interim U.S. Atty., William G. Pharo, Asst. U.S. Atty., Denver, CO, Justin L. Garrett, II, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, DC, for defendant.

ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT

SHERMAN G. FINESILVER, Chief Judge.

This case involves a claim for refund of taxes paid to the Internal Revenue Service ("IRS"). Jurisdiction is based on 28 U.S.C. § 1346(a)(1). This matter comes before the Court on Plaintiffs' and Defendant's cross-motions for summary judgment pursuant to FED.R.CIV.P. 56(c). The relevant facts are undisputed and the issues of law have been fully briefed. For the reasons...

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