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Desabato V. US Summary

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Raymond DeSABATO, Jr., and Robin DeSabato, Plaintiffs,v.UNITED STATES of America, Defendant.Civil Action No. 06–40151–FDS.March 6, 2008. Background: Taxpayers brought action against government for a refund of penalties and interest totaling $89,736 imposed for late filing and payment of taxes. Government moved for summary judgment. Holdings: The District Court, Saylor, J., held that: 1 taxpayers' reliance on disputed advice was unreasonable as to late filing of tax return; 2 reliance on disputed advice was unreasonable as to penalties imposed for failure to pay tax liability during period after extended deadline; but 3 fact issues existed as to whether taxpayers' delay prior to filing deadline was justified by reasonable cause. Motion granted

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