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TURNBULL v. U.S.

No. 90-1213.

929 F.2d 173 (1991)

Dennis J. TURNBULL, Plaintiff, v. UNITED STATES of America, Defendant-Counter Plaintiff-Appellee, v. Johnny FOSTER, Counter Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 23, 1991.

Attorney(s) appearing for the Case

David L. Hooper, Abilene, Tex., for Turnbull.

Marvin Collins, U.S. Atty., Dallas, Tex., for the U.S.

Gilbert S. Rothenberg, Gary R. Allen, Chief Appellate Section, Tax Div., Kevin M. Brown, Washington D.C., for Foster.

Before GOLDBERG, JOLLY and WIENER, Circuit Judges.

GOLDBERG, Circuit Judge:

In November 1985, the Internal Revenue Service (the "IRS") assessed Johnny Foster and Dennis J. Turnbull $214,270.37 in unpaid payroll taxes for all four quarters in 1981. In 1987 Turnbull paid one hundred dollars in partial satisfaction of the IRS assessment and then filed this action seeking a refund. The government counterclaimed against Foster and Turnbull to recover the balance of the assessments levied against them. The jury found Foster...

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