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EAST WIND INDUSTRIES, INC. v. U.S.

No. 99-5116.

196 F.3d 499 (1999)

EAST WIND INDUSTRIES, INC.; Delaware East Wind, Inc. v. UNITED STATES of America (District of New Jersey (Trenton) Civil 97-2615) Delaware East Wind, Inc. v. United States of America (District of New Jersey (Trenton) Civil 97-2617). East Wind Industries, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed November 16, 1999.

Attorney(s) appearing for the Case

Lowell E. Mann (Argued), Gretchen S. Kolb, Mann Law Associates, Langhorne, PA, for Appellant.

Loretta C. Argrett, Assistant Attorney General, Kenneth L. Greene, Jeffrey R. Meyer (Argued), United States Department of Justice Tax Division, DC. Of counsel: Faith S. Hochberg United States Attorney, for Appellee.

Before: MANSMANN, McKEE and STAPLETON, Circuit Judges.

MANSMANN, Circuit Judge:

This appeal arises out of a judgment of the United States District Court for the District of New Jersey granting the Government's motion for summary judgment and denying the Taxpayers' cross-motion for summary judgment in their action seeking a refund of tax penalties. The Taxpayers contended before the District Court, as well as on appeal, that reasonable cause existed for the late payment and deposit of employment taxes under 26 U.S.C. ...

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