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GITLOW v. U.S.

No. 02 Civ.7626(LAK).

319 F.Supp.2d 478 (2004)

Bernard GITLOW, Plaintiff, v. UNITED STATES of America, Defendant-Third Party Plaintiff, v. Bernard Stein, et ano., Third Party Defendants

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

May 25, 2004.

Attorney(s) appearing for the Case

Joseph A. Pantoja, Assistant United States Attorney, David N. Kelley, United States Attorney, New York City, for Third Party Plaintiff.

Bernard Stein, Miami, FL, Third Party Defendant pro se.

MEMORANDUM OPINION

KAPLAN, District Judge.

This matter is before the Court on the motion of the defendant — third party plaintiff United States of America for summary judgment on its claim against third party defendant Bernard Stein.

Facts

The government here seeks to recover a trust fund recovery penalty assessed by the Internal Revenue Service ("IRS") against Mr. Stein as a responsible person pursuant to 26 U.S.C. §...

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