MEMORANDUM AND ORDER
WARREN, District Judge.
Plaintiff A. O. Smith Corporation instituted this action on May 8, 1981 seeking to recover penalties assessed by the defendant United States of America as a result of plaintiff's failure to pay estimated income taxes for the years 1974 and 1975. Jurisdiction over this civil action is conferred upon this Court by 28 U.S.C. § 1346(a)(1) and Section 7422(a) of the Internal Revenue Code of 1954.
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