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BRITTON v. UNITED STATES

Civ. A. No. 80-334.

532 F.Supp. 275 (1981)

Leonard W. BRITTON, Sr. and Priscilla R. Britton v. UNITED STATES of America.

United States District Court, D. Vermont.

October 8, 1981.

Attorney(s) appearing for the Case

Charles Shea, and Craig Weatherly, Gravel, Shea & Wright, Burlington, Vt., for plaintiffs.

Sheila M. Ware, Asst. U. S. Atty., D. Vermont, Burlington, Vt., and Jonathan Forman, Tax Division, Dept. of Justice, Washington, D. C., for defendant.

OPINION AND ORDER

COFFRIN, District Judge.

This is a civil action brought pursuant to Internal Revenue Code § 1346(1) for the refund of taxes, penalties, and interest alleged to have been collected improperly by the Internal Revenue Service (IRS). Plaintiffs moved for summary judgment, and a cross-motion for summary judgment was filed by the government. For the reasons stated below, we grant plaintiffs' motion for summary judgment and deny the government...

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