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PUDLO v. DIRECTOR, I.R.S.

No. 84 C 2311.

587 F.Supp. 1010 (1984)

Thaddeus PUDLO and Walter Pudlo, d/b/a Pudlo Food Products, et al., Petitioners, v. DIRECTOR, INTERNAL REVENUE SERVICE, Internal Revenue District of Chicago, Illinois, Respondent.

United States District Court, N.D. Illinois, E.D.

July 11, 1984.

Attorney(s) appearing for the Case

Dennis M. Doherty, Chicago, Ill., for petitioners.

Michael S. O'Connell, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for respondent.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Thaddeus Pudlo and Walter Pudlo ("Pudlos"), both in their individual capacities and as proprietors of Pudlo Food Products, filed their petition to quash an Internal Revenue Service ("IRS") summons one day late in contravention of 26 U.S.C. § 7609(b)(2)(A) ("Code § 7609(b)(2)(A)"). Chicago District IRS Director ("Director") moved to dismiss the petition as untimely filed,1

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