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HUIZINGA v. U.S.

No. 94-1684.

68 F.3d 139 (1995)

Andrew G. HUIZINGA, Plaintiff-Appellee, v. UNITED STATES of America, Defendant & Counterclaim Plaintiff-Appellant, Ralph Scotese; Larry L. Vanderbeek, Counterclaim Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 24, 1995.

Attorney(s) appearing for the Case

David J. Gass, Mark E. Rizik (argued and briefed), Miller, Johnson, Snell & Cumminskey, Grand Rapids, MI, for Andrew G. Huizinga.

Gary R. Allen, Acting Chief (briefed), Kenneth L. Greene, Frank P. Cihlar (argued), Billie L. Crowe, U.S. Department of Justice, Appellate Section, Tax Division, Washington, DC, for U.S.

Willy Nordwind, Jr., Reed, Stover & O'Connor, Kalamazoo, MI, for Ralph Scotese.

James Moskal, Steven R. Heacock, Warner, Norcross & Judd, Grand Rapids, MI, for Larry L. Vanderbeek.

Before: CONTIE, NELSON, and RYAN, Circuit Judges.

CONTIE, J., delivered the opinion of the court, in which RYAN, J., joined. NELSON, J. (pp. 145-46), delivered a separate concurring opinion.

CONTIE, Circuit Judge.

The United States appeals the district court's tax penalty determination. We affirm.

I.

Allied Mechanical Services, Inc. ("AMS"), is a plumbing and heating contractor in Kalamazoo, Michigan. Plaintiff-appellee Andrew Huizinga ("Huizinga") served as AMS's President and Chairman...

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