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MAGNONE v. U.S.

Nos. 89 Civ. 1837 (MBM), 89 Civ. 1838 (MBM).

733 F.Supp. 613 (1989)

Michael MAGNONE, Plaintiff, v. UNITED STATES of America, Defendant. Joseph V. MAGNONE and Rose Magnone, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. New York.

October 19, 1989.

Attorney(s) appearing for the Case

H.J. Gartlan, Jr., Ellis & Gartlan, Hackensack, N.J., for plaintiffs.

Jed Rubenfeld, Asst. U.S. Atty., S.D. N.Y., New York City, for defendant.

AMENDED OPINION AND ORDER

MUKASEY, District Judge.

Plaintiffs Michael Magnone and Joseph and Rose Magnone sue under 26 U.S.C. § 7422 to recover sums paid to the Internal Revenue Service, which plaintiffs characterize as the amount of interest that accrued during 1979 on their 1974, 1975 and 1976 tax deficiencies. Although plaintiffs do not cite in their complaints the code section under which they seek relief, they state in their memorandum that they...

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