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ULSTER TOOL AND DIE CORP. v. UNITED STATES

No. 80 Civ. 4949 (WCC).

529 F.Supp. 108 (1981)

ULSTER TOOL AND DIE CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

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

October 22, 1981.

Attorney(s) appearing for the Case

Spizz & Gans, Mineola, N. Y., for plaintiff; Harvey W. Spizz, Mineola, N. Y., of counsel.

John S. Martin, Jr., U. S. Atty., S. D. N. Y., New York City, for defendant; Harvey J. Wolkoff, Jane E. Booth, Asst. U. S. Attys., New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

Plaintiff Ulster Tool and Die Corporation ("Ulster Tool") initiated this tax refund suit to recover back taxes and a fraud penalty assessed by the Internal Revenue Service due to Ulster Tool's allegedly fraudulent failure to report $55,466.52 in income on its 1970 return. Ulster Tool has moved for summary judgment against defendant United States of America ("the Government") on three grounds: (1) that even if the...

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