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BELLOVIN v. U.S.

No. CV 96-2628(ADS).

983 F.Supp. 344 (1997)

Myron BELLOVIN, Plaintiff and Counterclaim Defendant, v. UNITED STATES of America, Defendant and Counterclaim Plaintiff, v. John J. SCHRAMM, and Robert B. Smith, Counterclaim Defendants, and John Calderale, Additional Counterclaim Defendant.

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

November 1, 1997.

Attorney(s) appearing for the Case

Jeffrey M. Rosenblum, P.C. by Jeffrey M. Rosenblum, Randy Karp, Great Neck, NY, for Plaintiff and Counterclaim Myron Bellovin.

U.S. Dept. of Justice, Civil Trial Section by Philip Berkowitz, Washington, DC, for Defendant and Counterclaim Plaintiff U.S.

Richard C. Marquette, Westport, CT, for Counterclaim Defendant John J. Schramm.

Muchnick, Golieb & Golieb, PC by Christopher R. Haunschild, New York City, for Additional Counterclaim Defendant John Calderale.

Robert B. Smith, Oyster Bay Cove, NY, pro se Counterclaim Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In 1993, the Internal Revenue Service assessed civil penalties, pursuant to § 6672 the Internal Revenue Code (26 U.S.C. § 6672), against Myron Bellovin, John J. Schramm, Robert B. Smith, and John Calderale upon a determination that each was a "responsible person" who willfully failed to collect, trustfully account for, and pay over withheld income taxes and Federal Insurance Contributions...

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