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APOLLO FUEL OIL v. U.S.

No. 96-CV-4204 (RLM).

73 F.Supp.2d 254 (1999)

APOLLO FUEL OIL, Plaintiff, v. UNITED STATES of America, Defendant.

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

April 1, 1999.

Attorney(s) appearing for the Case

Frank Agostino, Calo Agostino, Hackensack, NJ, for plaintiff.

Thomas A. McFarland, United States Attorney's Office. Civil Division, Brooklyn, NY, Avery M. Ellis, U.S. Dept. of Justice, Trial Attorney, Tax Division, Washington, DC, for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

MANN, United States Magistrate Judge.

Plaintiff Apollo Fuel Oil ("plaintiff" or "Apollo") brought this taxpayer's suit for a refund of a $1,000 penalty assessed by the Internal Revenue Service ("IRS") upon finding that plaintiff had used a non-taxable fuel oil for taxable purposes. With the parties' consent, the case was tried before this Court on November 24, 1998...

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