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THOSTESON v. U.S.

No. CIV.A.00-T-622-S.

182 F.Supp.2d 1189 (2001)

Peter THOSTESON, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, M.D. Alabama, Southern Division.

August 7, 2001.

Attorney(s) appearing for the Case

Banks Thomas Smith, Hall, Smith & Jones, G. David Johnston, Johnston, Hinesley, Flowers & Clenney, PC, Dothan, AL, for Plaintiff.

Kenneth E. Vines, U.S. Atty's Office, Montgomery, AL, Cynthia Lewis Stier, Laura M. Conner, U.S. Dept. of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

Plaintiff Peter Thosteson filed this action against defendant United States, seeking a refund of his partial payment of a penalty assessment made against him pursuant to 26 U.S.C.A § 6672 for withholding taxes from the third quarter of 1994 through November 28, 1995, that his employer, Lorac, Inc., did not remit to the government. A trial was held on August 1 and 2, 2001, and after the close of evidence...

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