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KOBUS v. U.S.

No. 09-837T.

LOUIS KOBUS, JR., Plaintiff, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

February 28, 2012.

Attorney(s) appearing for the Case

LOUIS KOBUS, JR., aka LOUIS KOBUS, Plaintiff, represented by John Franklin Rodgers , Redmon Peyton and Braswell LLP.

USA, Defendant, represented by Jason Bergmann , U.S. Department of Justice.

USA, Counter Claimant, represented by Jason Bergmann , U.S. Department of Justice.

LOUIS KOBUS, JR., aka LOUIS KOBUS, Counter Defendant, represented by John Franklin Rodgers , Redmon Peyton and Braswell LLP.

USA, Counter Claimant, represented by Jason Bergmann , U.S. Department of Justice.

USA, Counter Defendant, represented by Jason Bergmann , U.S. Department of Justice.

John F. Rodgers , Redmon Peyton and Braswell LLP, Alexandria, VA, for Plaintiff.

Jason Bergmann , Trial Attorney, Tax Division, with whom was Shelley D. de Alth, Trial Attorney, Tax Division, United States Department of Justice, Washington, DC, for Defendant.

OPINION & ORDER

EDWARD J. DAMICH, Judge.

This is a tax refund case concerning penalties that the Internal Revenue Service ("IRS") assessed on and collected from Plaintiff Louis Kobus, Jr. The main issue in this case is whether it was proper for the IRS to assess Kobus with tax penalties for his role in allowing his corporation, Village Turf, Inc., to fail to pay over to the government the taxes it had withheld from its employees' paychecks ("withholding...

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