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STETTLER v. U.S.

No. 94-NC-0136-S.

994 F.Supp. 1364 (1996)

David A. STETTLER and LaDean Stettler, Plaintiffs, v. UNITED STATES of America, Defendant and Counterclaim Plaintiff, v. David A. STETTLER; Lane S. Howell; and John T. Dunlop, Counterclaim Defendants.

United States District Court, D. Utah, Northern Division.

November 15, 1996.

Attorney(s) appearing for the Case

W. Kevin Jackson, Salt Lake City, UT, for Plaintiffs.

Scott M. Matheson, Jr., U.S.Atty., Salt Lake City, UT, William F. Golgin, Jr., Kirk C. Lusty, Washington, DC, Douglas J. Parry, James K. Tracy, Parry Lawrence & Ward, Salt Lake City, UT, for Defendants.

MEMORANDUM DECISION

SAM, Chief Judge.

I. INTRODUCTION

Before the court are cross motions for summary judgment. By its motion counterclaim plaintiff United States of America seeks judgment against counterclaim defendant Lane S. Howell ("Howell") in the amount of $38,996.71, plus interest, for the unpaid trust fund recovery penalty assessed against Howell arising under section 6672 of the Internal Revenue Code, 26 U.S.C. § 6672, for his...

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