MOATS v. UNITED STATES

No. 82-0455-CV-W-1.

564 F.Supp. 1330 (1983)

Robert L. MOATS, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Sidney ESTRIDGE, James F. O'Crowley, Jr. and Herbert Maslin, Third-Party Defendants.

United States District Court, W.D. Missouri, W.D.

On Various Pending Motions May 26, 1983.

On Direction of Further Proceedings June 3, 1983.


Attorney(s) appearing for the Case

Stanley P. Weiner, Grier, Swartzman & Weiner, Kansas City, Mo., for plaintiff.

Mark E. Nebergall, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., Robert G. Ulrich, U.S. Atty., Kansas City, Mo., for defendant and third-party plaintiff.

David Rhodus, Morris, Larson, King, Stamper & Bold, Kansas City, Mo., for third-party defendant James F. O'Crowley, Jr.

John F. Michaels, Ryder, Rose & Frensley, Kansas City, Mo., Segal, Liling & Greenberg, New York City, for third-party defendant Herbert Maslin.


MEMORANDUM OPINION AND ORDERS GRANTING PLAINTIFF MOATS' MOTION FOR SUMMARY JUDGMENT AND DENYING THE GOVERNMENT'S CROSS-MOTION FOR SUMMARY JUDGMENT

JOHN W. OLIVER, Senior District Judge.

I.

This Section 6672 [26 U.S.C. § 6672] case involves the validity of a 100% penalty assessed against plaintiff Moats in the amount of $29,903.91 to cover withholding taxes of Arlen Trophy Company (Arlen), located in Middlesex, New Jersey, a wholly owned subsidiary...

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