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CLARK v. U.S.

No. 95-1173.

63 F.3d 83 (1995)

Grenville CLARK III, Plaintiff, Appellee, v. UNITED STATES of America, Internal Revenue Service, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 29, 1995.

Attorney(s) appearing for the Case

Kent L. Jones, Tax Asst. to the Sol. Gen., with whom Loretta C. Argrett, Asst. Atty. Gen., and Gary R. Allen, David English Carmack, and Sally J. Schornstheimer, Attys., Washington, DC, Dept. of Justice, Tax Div., were on brief, for appellants.

Grenville Clark III, pro se.

Before TORRUELLA, Chief Judge, STAHL, Circuit Judge, and DOMINGUEZ, District Judge.

STAHL, Circuit Judge.

In this federal income tax case, the government appeals the district court's grant of summary judgment to taxpayer Grenville Clark III in his suit to recover monies collected by the Internal Revenue Service ("IRS") by levy. Although we agree with the district court that summary judgment for the taxpayer was appropriate, we reduce the amount of the judgment because the district court erred in finding that Clark had fully extinguished his 1985...

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