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CARROLL v. U.S.

No. CV 98-5740(DRH).

198 F.Supp.2d 328 (2001)

Daniel L. CARROLL and Ingrid N. Carroll, Plaintiffs, v. UNITED STATES of America, Defendant.

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

September 13, 2001.

Attorney(s) appearing for the Case

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York City by David G. Ebert, for Plaintiffs.

Eileen J. O'Connor, Assistant Attorney General, Tax Division, United States Department of Justice, Washington, D.C. by John A. Lindquist, for Defendant.

MEMORANDUM OPINION AND ORDER

HURLEY, District Judge.

Pending before the Court in this action for recovery of federal income tax, interest, penalties and additions to tax assessed by the Defendant United States [hereinafter "IRS"] against taxpayer husband and wife Plaintiffs Daniel and Ingrid Carroll is (1) the IRS's motion, made pursuant to Rules 12(b)(1), 12(b)(6), and 56(c) of the Federal Rules of Civil Procedure, for an order dismissing the Complaint...

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