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KERN v. UNITED STATES

Civ. No. 3621.

264 F.Supp. 952 (1966)

Sidney KERN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court W. D. Wisconsin.

November 18, 1966.

Attorney(s) appearing for the Case

Victor T. Wahl, of Wahl & Riley, Eau Claire, Wis., for plaintiff.

Richard C. Pugh, Acting Asst. Atty. Gen., Donald R. Anderson, Allen L. Schwait, Attorneys, Dept. of Justice, Washington, D. C., Edmund A. Nix, U. S. Atty., Madison, Wis., for defendant.

OPINION

JAMES E. DOYLE, District Judge.

This is an action in which plaintiff seeks a tax refund of $609.94, and in which the defendant has counterclaimed for $65,831.03 in additional taxes, penalties and interest. The tax involved is the so-called cabaret excise tax imposed by Section 4231(6) of the Internal Revenue Code of 1954 (26 U.S.C. (1964 ed.), Sec. 4231(6)) (and previously imposed by Section 1700 of the...

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