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DUDLEY'S COMMERCIAL AND IND. COATING v. U.S.I.R.S.

No. 3:02-0106.

292 F.Supp.2d 976 (2003)

DUDLEY'S COMMERCIAL AND INDUSTRIAL COATING, INC., Plaintiff v. UNITED STATES INTERNAL REVENUE SERVICE, Commissioner of Revenue, Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

March 17, 2003.

Attorney(s) appearing for the Case

Mark Harrington Westlake, Westlake & Marsden, Nashville, TN, for plaintiff.

Richard Fox Clippard, Office of the United States Attorney, Nashville, TN, Jason S. Zarin, Department of Justice, Washington, DC, for defendant.

MEMORANDUM

HAYNES, District Judge.

Plaintiff, Dudley's Commercial and Industrial Coating, Inc. ("Dudley's"), filed this action pursuant to the tax collection due process provisions of 26 U.S.C. § 6330 against the Defendant. United States Internal Revenue Service ("IRS"). The gravamen of Plaintiff's claim is that Defendant abused its discretion in determining that Plaintiff's proposed installment agreement should be rejected in favor of a levy...

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