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CARIONE v. U.S.

No. 03-CV-4024(DRH)(MLO).

368 F.Supp.2d 186 (2005)

Joseph CARIONE, Plaintiff, v. UNITED STATES of America, Defendant.

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

March 17, 2005.

Attorney(s) appearing for the Case

Kase & Druker, Garden City, New York, By: James O. Druker, Esq., United States Department of Justice — Tax Division, Attorneys for Plaintiff.

Alan M. Shapiro, Esq., United States Attorney's Office — Eastern District of New York, Islip, New York, By: Kevin P. Mulry, Esq., Attorneys for Defendant.

MEMORANDUM & ORDER

HURLEY, District Judge.

INTRODUCTION

Plaintiff Joseph Carione filed the present action against the United States, seeking a refund of income tax that he claims to have paid erroneously. The issue in this case is whether the proceeds of an S Corporation's sale of its business assets, held in escrow and then directly transferred to the Government to satisfy an outstanding forfeiture judgment, can constitute taxable...

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