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GREENBERG v. U.S.

No. 94-7075.

46 F.3d 239 (1994)

Mark Z. GREENBERG, Appellant, v. UNITED STATES of America; Department of the Treasury; Internal Revenue Service, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 15, 1994.

Attorney(s) appearing for the Case

Robert E. Chernicoff (argued), Paige F. MacDonald, Farr & Cunningham, Harrisburg, PA, for appellant.

Loretta C. Argrett, Asst. Atty. Gen., David Barasch, U.S. Atty., Gary R. Allen, Jonathan S. Cohen (argued), Billie L. Crowe, Tax Div., U.S. Dept. of Justice, Washington, DC, for appellees.

Present: HUTCHINSON and NYGAARD, Circuit Judges, and LUDWIG, District Judge.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Appellant, Mark Z. Greenberg ("Greenberg"), appeals an order of the United States District Court for the Middle District of Pennsylvania granting summary judgment in favor of appellee, United States of America ("United States"), on Greenberg's claim for a partial refund of an amount Greenberg paid on an Internal Revenue Service ("IRS") penalty assessment, and on the United States' counterclaim to reduce the...

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