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SILBERBERG v. UNITED STATES

No. 69 Civ. 1051.

355 F.Supp. 1163 (1973)

Benjamin SILBERBERG, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Carl BRETTON and Sharon Bretton, Third-Party Defendants.

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

January 10, 1973.

Attorney(s) appearing for the Case

Irving J. Panzer, New York City, for plaintiff.

Whitney North Seymour, Jr., U. S. Atty., for defendant; David P. Land and Taggart D. Adams, Asst. U. S. Attys., of counsel.

OPINION

ROBERT L. CARTER, District Judge.

The Internal Revenue Service assessed plaintiff Benjamin Silberberg in the amount of $3,711.30 in unpaid employee withholding taxes owed for the second and third quarters of 1965 by Fiesta Novelties, Inc. ("Fiesta"), a manufacturer of millinery wear until it closed in September, 1965. Plaintiff paid $500.00 of the assessment under protest and instituted this action to recover the protested payment. The government...

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