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GATEWAY EQUIPMENT CORP. v. U.S.

No. 00-CV-51C(SC).

247 F.Supp.2d 299 (2003)

GATEWAY EQUIPMENT CORP., Plaintiff, v. UNITED STATES of America, Defendant.

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

February 23, 2003.

Attorney(s) appearing for the Case

Harold D. Rogers, Esq., Wichita Falls, TX, for Plaintiff.

United States Department of Justice, Tax Division (Bartholomew Cirenza, Esq., of Counsel), Washington, DC, for Defendant.

INTRODUCTION

CURTIN, District Judge.

Plaintiff Gateway Equipment Corporation ("Gateway") brought two actions1 against the United States for the recovery of excise taxes. In the first action, docketed as 00-CV-51, Gateway alleged that taxes in the amount of $15,534.00 were erroneously and illegally assessed against and collected from it during the taxable quarter ending June 30,...

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