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YOUNG v. U.S. I.R.S., DEPT. OF TREASURY

No. 00 CV 3921(RJD)(JMA).

387 F.Supp.2d 143 (2005)

Sidney D. YOUNG, Plaintiff, v. The UNITED STATES INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY Defendant.

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

August 10, 2005.

Attorney(s) appearing for the Case

Bonnie Sue Goodman, Woodbury, NY, David P. Mirabella, Joseph P. Walsh, Kressel, Rothlein, Walsh & Roth, LLC, Massapequa, NY, Patrick Ian Lucas, Lindenbaum & Young, Brooklyn, NY, for Plaintiff.

Bonni Jessica Perlin, Mandee Rosler Rosenberg, U.S. Dept. of Justice, Washington, DC, for Defendant.

MEMORANDUM & ORDER

DEARIE, District Judge.

Plaintiff filed this action pursuant to 28 U.S.C. Section 1346(a)(1) against defendant the Internal Revenue Service. Plaintiff alleges that the IRS improperly effected a $214,536.08 levy upon plaintiff and he seeks a tax refund. Defendant moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, arguing that (1) plaintiff has no standing to bring a refund suit because the...

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