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ALTON OB-GYN, LTD. v. UNITED STATES

No. 85-2239.

789 F.2d 515 (1986)

ALTON OB-GYN, LTD., an Illinois Professional Corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 23, 1986.

Attorney(s) appearing for the Case

John Dale Stobbs, Stobbs & Sinclair, Ltd., Alton, Ill., for plaintiff-appellant.

Gary Gray, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before BAUER and POSNER, Circuit Judges, and MOODY, District Judge.

BAUER, Circuit Judge.

Alton OB-Gyn, Ltd., ("taxpayer") brought suit seeking a refund of a penalty paid under 26 U.S.C. § 6058(a) of the Internal Revenue Code of 1954 for failure to timely file the required Form 5500-C Annual Return/Report of Employee Benefit Plan with the Internal Revenue Service. The district court directed a verdict for the IRS on the grounds that, as a matter of law, relying on an agent to file tax...

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