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ABERNETHY v. I.R.S.

Civil A. No. 1:94-CV-234-FMH.

909 F.Supp. 1562 (1995)

Lynn D. ABERNETHY, Jr., Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

September 20, 1995.

Attorney(s) appearing for the Case

Benjamin A. Land, Buchanan & Land, Columbus, Georgia, for plaintiff.

Sharon Douglas Stokes, Lori M. Beranek, Office of the United States Attorney, Northern District of Georgia, Atlanta, Georgia, and Robert S. Attardo, phv-U.S. Atty., United States Department of Justice, Tax Division, Washington, DC, for defendant.

ORDER

HULL, District Judge.

This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment [16-1] and Defendant's Motion for Summary Judgment [17-1]. The parties agree that the principal facts are not in dispute and that their Motions present questions of law. After reviewing the record and hearing oral argument from counsel for the parties, the Court finds as follows.

I. FACTS

Plaintiff Lynn D. Abernethy...

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