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GREENE v. U.S.

No. 94 Civ. 0617 (GLG).

864 F.Supp. 407 (1994)

Leonard GREENE and Joyce Greene, Plaintiffs, v. The UNITED STATES of America, Defendant.

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

October 13, 1994.

Attorney(s) appearing for the Case

Orans, Elsen & Lupert, New York City, Sheldon H. Elsen, of counsel Gerald & Lawrence Blumberg, New York City, Richard A. Sporn, of counsel, for plaintiffs.

Mary Jo White, U.S. Atty. for S.D. New York, New York City, Robert W. Sadowski, Asst. U.S. Atty., of counsel, for defendant.

OPINION

GOETTEL, District Judge:

Plaintiffs Leonard and Joyce Greene are suing the United States for a refund of a total of approximately $2.8 million in taxes, interest and penalties assessed by the Internal Revenue Service ("IRS") in connection with their tax returns for the years 1984 through 1987. The parties have cross-moved for summary judgment.

BACKGROUND

The pertinent facts of this case are not disputed. In the early...

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