BOYLE v. UNITED STATES

No. 82-1421.

710 F.2d 1251 (1983)

Robert W. BOYLE, Executor of the Estate of Myra W. Boyle, Deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 24, 1983.

Rehearing and Rehearing Denied October 11, 1983.


Attorney(s) appearing for the Case

Joann Horn, Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

William L. Kasley, Pekin, Ill., for plaintiff-appellee.

Before POSNER and COFFEY, Circuit Judges, and CAMPBELL, Senior District Judge.


Rehearing and Rehearing En Banc Denied October 11, 1983.

WILLIAM J. CAMPBELL, Senior District Judge.

The United States brings this appeal challenging the district court's decision granting summary judgment for the plaintiff, Robert Boyle, in his tax refund suit. The Internal Revenue Service (IRS) had assessed a penalty against the plaintiff in the amount of $17,124.45 pursuant to 26 U.S.C. § 6651(a)(1) for the late filing of a federal estate tax return...

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