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SILBERBERG v. UNITED STATES

No. 78 C 2799.

524 F.Supp. 744 (1981)

Simon SILBERBERG, Plaintiff, v. UNITED STATES of America, Defendant.

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

October 23, 1981.

Attorney(s) appearing for the Case

Jack Cagan, New York City, (Kalman V. Gallop, New York City, Trial Counsel), for plaintiff.

Edward R. Korman, U.S. Atty., E.D.N.Y., Brooklyn, by Jan F. Constantine, Asst. U.S. Atty., and M. Carr Ferguson, Asst. Atty. Gen., Tax Division, U.S. Dept. of Justice Washington, D. C., by James M. Shaker, Washington, D. C., Trial Atty., for defendant.

MEMORANDUM OF DECISION AND ORDER

NEAHER, District Judge.

Plaintiff ("Silberberg") commenced this action to challenge a 100% penalty assessment in the sum of $15,037.29 made against him by the Commissioner of Internal Revenue under §§ 6672 and 6671 of the Internal Revenue Code of 1954 ("Code"), and to recover $140.76 he paid in partial satisfaction thereof. The penalty was imposed on plaintiff based on determinations that he was a person responsible...

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