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ROSS CONTROLS, INC. v. U.S. DEPT. OF TREASURY

Civ. A. No. 93-4585.

160 B.R. 527 (1993)

ROSS CONTROLS, INC., Plaintiff, v. UNITED STATES of America, DEPARTMENT of the TREASURY, INTERNAL REVENUE SERVICE, Defendant.

United States District Court, E.D. Pennsylvania.

October 15, 1993.

Attorney(s) appearing for the Case

Bradley K. Moss, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, PA, for plaintiff.

Charles M. Flesch, Tax Div. of U.S. Dept. of Justice, Washington, DC, for defendant.

MEMORANDUM AND ORDER

ANITA B. BRODY, District Judge.

I am being called upon to decide, under the wrongful levy statute, whether a plaintiff corporation in the same business as a liquidated taxpayer corporation, with the same employees, customers and suppliers as the taxpayer corporation, and controlled by the same individuals who controlled the taxpayer corporation, can successfully demonstrate a persuasive position that it is not liable for the tax debt...

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