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LIBUTTI v. U.S.

No. 94-CV-1114.

894 F.Supp. 589 (1995)

Edith LIBUTTI, doing business as Lion Crest Stable, a sole proprietorship, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. New York.

August 4, 1995.

Attorney(s) appearing for the Case

Miller, Griffin & Marks, Lexington, KY (Michael Meuser, Frank T. Becker, of counsel), Hinman, Howard & Kattell, Binghamton, NY (Paul T. Sheppard, of counsel), for plaintiff.

U.S. Dept. of Justice, Tax Div. Washington, DC (Steven E. Cole, George P. Eliopoulos, of counsel), for U.S.

MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

On July 6, 1994, Edith LiButti, doing business as Lion Crest Stable ("Lion Crest"), brought the racehorse "Devil His Due" to Saratoga, New York to run in the Whitney Handicap on August 27, 1994. On August 25, 1994, the United States Internal Revenue Service (IRS) delivered a Notice of Seizure and Levy to Devil His Due's trainer at Saratoga. The levy was made against Edith LiButti...

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