Legal Opinion

Schoen v. United States

District Court, N.D. Illinois

Decided January 12, 1984No. 83 C 5417PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

WILLIAM T. HART, District Judge.

This action is brought by David Schoen, Peter Schoen and Cadwallader & Johnson (“C & J”), seeking a declaration that $52,-383 paid by C & J’s co-assignees for the benefit of creditors was improperly applied by the Internal Revenue Service (the “Service”). Plaintiffs allege the Service applied this payment to the non-trust fund portion of taxes admittedly due from C & J, despite notice that these amounts were to be applied to the trust fund portion of those taxes. Since the Schoens are responsible corporate officers, as defined in…

2Cases cited3 opinions

  1. Fredric C. Muntwyler v. United StatesCourt of Appeals for the Seventh Circuit · 1983
  2. Graper v. United StatesDistrict Court, E.D. Wisconsin · 1962
  3. Hirsch v. United StatesDistrict Court, S.D. Ohio · 1975

3Cited by3 opinions

  1. David Schon, Peter Schon, and Cadwallader & Johnson, Inc., Plaintiffs v. United StatesCourt of Appeals for the Seventh Circuit · 1985
  2. In Re Arie Enterprises, Inc.United States Bankruptcy Court, S.D. Illinois · 1990
  3. David Schon, Peter Schon, and Cadwallader & Johnson, Inc., Plaintiffs v. United StatesCourt of Appeals for the Seventh Circuit · 1985

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