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MORTENSON v. U.S.

Nos. 92 C 2710, 92 C 2711.

910 F.Supp. 1325 (1995)

Lee N. MORTENSON, Plaintiff, v. UNITED STATES of America, Defendant. James M. FAWCETT, Jr., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

December 8, 1995.

Attorney(s) appearing for the Case

Larry David Blust, Paula Cozzi Goedert, Jenner & Block, Chicago, IL, for Lee N. Mortenson, James M. Fawcett, Jr.

Madeleine Sullivan Murphy, United States Attorney's Office, Chicago, IL, Charles T. Cannon, U.S. Dept. of Justice, Tax Division, Washington, DC, for U.S.

Jack Donatelli, United States Attorney's Office, Chicago, IL, for U.S.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

On February 10, 1988, Lee N. Mortenson ("Mr. Mortenson") and James M. Fawcett ("Mr. Fawcett") were assessed a 100 percent penalty in the amount of $694,887.42 pursuant to 26 U.S.C. § 6672. Messrs. Mortenson and Fawcett subsequently brought these lawsuits against the United States government seeking a refund and abatement of the penalty, and the government brought counter-claims to recover the...

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