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U.S. v. DAUM

Civil Action No. 95-634.

968 F.Supp. 1037 (1997)

UNITED STATES of America, Plaintiff, v. Gary A. DAUM and Linda M. Daum, Defendants.

United States District Court, W.D. Pennsylvania.

April 30, 1997.

Attorney(s) appearing for the Case

Amy R. Hay, Asst. U.S. Atty., Pittsburgh, PA, Angelo A. Frattarelli, Trial Atty., Tax Division, U.S. Dept. of Justice, Washington, DC, for Plaintiff.

Thomas D. Arbogast, Thomas M. Hardiman, Titus & McConomy, Pittsburgh, PA, for Defendants.

MEMORANDUM

STANDISH, District Judge.

I

In this civil action, the plaintiff, United States of America, seeks to recover, pursuant to Section 7405(b) of the Internal Revenue Code, 26 U.S.C. § 7405(b), an alleged erroneous tax refund paid to the defendants, Gary A. Daum and Linda M. Daum, for the tax year 1988. Presently, before the court is the United States' motion for partial summary judgment pursuant to Fed.R.Civ.P. 56. After consideration...

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