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JANUS PETROLEUM CO., INC. v. U.S.

No. 94 CV 0624.

915 F.Supp. 556 (1996)

JANUS PETROLEUM COMPANY, INC., Plaintiff, v. UNITED STATES of America, Defendant.

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

February 20, 1996.

Attorney(s) appearing for the Case

Uncyk, Borenkind & Nadler (Eli Uncyk, of counsel), New York City, for plaintiff.

Zachary W. Carter, U.S. Attorney (Thomas A. McFarland, of counsel), Brooklyn, NY, U.S. Dept of Justice, Tax Div. (Peter Sklarew, of counsel), Washington, DC, for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge:

Plaintiff Janus Petroleum Company, Inc. ("Janus"), a wholesale distributor of gasoline, brought this action against the United States under section 7422 of the Internal Revenue Code (the "Code"), 26 U.S.C. § 7422, seeking a credit or refund of alleged overpayments of federal gasoline excise taxes for the quarters ending March 31, June 30, and September...

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