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GANDY NURSERY, INC. v. U.S.

No. 01-40985.

318 F.3d 631 (2003)

GANDY NURSERY, INC.; Dennis C. Gandy, doing business as Dennis Gandy Nursery; Gandy Marketing and Trucking, Inc.; Dennis C. Gandy, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 8, 2003.

Attorney(s) appearing for the Case

William A. Roberts (argued), The Roberts Law Firm, Dallas, TX, for Plaintiffs-Appellants.

Robert J. Branman (argued), Richard Bradshaw Farber, U.S. Dept. of Justice, Tax Div., Washington, DC, for Defendant-Appellee.

Before DAVIS, SMITH and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This case arises from a tax dispute pitting the government against an individual and two corporations. Plaintiffs-appellants Dennis Gandy, doing business as Dennis Gandy Nursery ("Gandy"), Gandy Nursery, Inc. ("Gandy Nursery"), and Gandy Marketing and Trucking, Inc. ("Gandy Marketing and Trucking") brought suit in district court seeking refunds of certain tax payments and penalty assessments by the Internal Revenue Service ("IRS"), and damages...

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