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UNITED STATES v. ARONSON

Nos. 77-3341, 78-2537.

617 F.2d 119 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Arnold ARONSON, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 15, 1980.

Attorney(s) appearing for the Case

M. Carr Ferguson, Asst. Atty., Gen., Gilbert E. Andrews, Act. Chief, App. Section, Leonard J. Henzke, Jr., Jo Ann Horn, Attys., Dept. of Justice, U. S. Tax Div., Washington, D. C., for plaintiff-appellant.

Robert A. Shupack, North Miami Beach, Fla., for defendant-appellee.

Before SIMPSON, HILL and HATCHETT, Circuit Judges.

JAMES C. HILL, Circuit Judge:

In 1969, the IRS made "responsible officer" penalty assessments totalling $164,930.96 against Arnold Aronson.1 Apparently unsatisfied with the speed with which appellee was paying off the assessments, the IRS filed a lien upon real estate held by appellee and his wife as tenants by the entirety. In 1972, the Aronsons filed a joint income tax return for 1971 in which they claimed an overpayment and requested...

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