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CARIONE v. U.S.

No. CV 01-3936DRHMLO.

291 F.Supp.2d 141 (2003)

Joseph CARIONE, Plaintiff, v. UNITED STATES of America, Defendant.

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

August 27, 2003.

Attorney(s) appearing for the Case

Kase & Druker by James O. Druker, Esq., Paula Schwartz Frome, Esq., Garden City, NY, for Plaintiff.

United States Department of Justice — Tax Division by Alan M. Shapiro, Esq., Lara E. Ewens, Esq., Washington, DC, for Defendant.

United States Attorney Office — Eastern District of New York by Kevin P. Mulry, Esq., Central Islip, NY, for Defendant.

MEMORANDUM & ORDER

HURLEY, District Judge.

Plaintiff Joseph Carione ("Carione") initiated this action, pursuant to 26 U.S.C. § 7422, for refund of the amount of tax assessed against the proceeds from the sale of a business. Defendant United States ("Defendant") subsequently filed a motion for summary judgment. Plaintiff filed a cross-motion for summary judgment. For the reasons discussed infra,

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