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GARNETT v. UNITED STATES

No. 1648.

385 F.Supp. 665 (1974)

Carl GARNETT, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. Kentucky, Covington Division.

September 27, 1974.

Attorney(s) appearing for the Case

Adams, Brooking & Stepner, Covington, Ky., for plaintiff.

Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., for defendant.

MEMORANDUM

SWINFORD, District Judge.

This action commenced against the United States pursuant to 28 U.S.C § 1346(a)(1) seeks a refund of sums paid in partial satisfaction of penalties assessed against a corporate officer for failure to pay federal taxes withheld from employee wages.

"Any person required to collect, truthfully account for, and pay over any tax imposed by this title who willfully fails to collect such tax, or truthfully account...

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