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HAAS v. U.S.

No. 4:93-CV-158.

861 F.Supp. 43 (1994)

Carroll HAAS and Elaine Haas, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, W.D. Michigan, Southern Division.

July 19, 1994.

Attorney(s) appearing for the Case

John A. Campbell, Curtis E. Hall, Miller, Canfield, Paddock & Stone, Kalamazoo, MI, for plaintiffs.

Agnes M. Kempker-Cloyd, Asst. U.S. Atty., Michael H. Dettmer, U.S. Atty., Grand Rapids, MI, Doris D. Coles, Beth A. Westerman, U.S. Dept. of Justice, Tax Div., Washington, DC, for defendant.

OPINION

QUIST, District Judge.

Plaintiffs Carroll and Elaine Haas brought this action to recover a tax refund of $48,511.00 plus interest, costs and attorneys' fees. This matter is presently before the Court on cross motions for summary judgment. The parties agree that the material facts are not in dispute.

Factual Background

On February 11, 1991, plaintiffs filed claim forms with the Internal Revenue Service

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