Civil No. 95-CV-1021-B.

923 F.Supp. 1462 (1996)

Robert MALONEK, 520-20-6233 and Jacqueline Malonek 520-24-2712, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Wyoming.

April 29, 1996.

Attorney(s) appearing for the Case

Drew A. Perkins, Casper, WY, for Plaintiffs.

Donald R. Wrobetz, Assistant U.S. Attorney, District of Wyoming, Cheyenne, WY, for Defendant.


BRIMMER, District Judge.

After a trial to the bench (with an advisory jury), the Court makes the following findings of fact and conclusions of law.

Findings of Fact

The Maloneks timely filed a joint federal income tax return for tax year 1984. In this return, the Maloneks calculated that they owed $12,920.85 in taxes to the United States. The IRS assessed and the Maloneks paid these taxes.

On April...

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