Madison - St. Clair Record

Friday, August 23, 2019

Taxpayer’s lawsuit alleging doubled assessment voluntarily dismissed

By Heather Isringhausen Gvillo | Nov 15, 2016


District Judge Nancy Rosenstengel granted voluntary dismissal in a man’s suit alleging his property’s assessment was erroneously doubled.

Plaintiff Donald Frichtl filed a notice of voluntary dismissal without prejudice on Oct. 31 through attorney David Ferebee of Jacksonville, Fla.

The case was dismissed on Nov. 1.

Frichtl filed his complaint on June 29 in the U.S. District Court for the Southern District of Illinois against the United States of America, seeking “recovery of Federal Income Tax, penalty, and interest erroneously or illegally assessed and collected.”

The plaintiff argues that in July 2007, he filed an untimely joint Federal Income Tax Return for the year 2003 with the Internal Revenue Service Center in Fresno, Calif. He claims he paid income taxes in the amount of $202,161 on the account of this return.

He alleges the defendant assessed additional penalties and interest for the 2003.

Then in July 2014, he paid $279,490.76 to the IRS on account of the assessments. However, he alleges he overpaid his Federal Income Tax, penalty and interest.

Frichtl filed a claim for a refund of the federal penalty and interest paid for 2003 in the amount of $101,080.75 with interest as allowed by law in August 2014.

Frichtl further alleges that on Dec. 19, 2014, the defendant assessed an additional federal penalty and interest of $61,171.41.

On Feb. 20, 2015, the plaintiff filed a claim for a refund of the additional assessment.

He filed suit when no action was taken by the IRS.

The plaintiff seeks a judgment of $101,080.75 and $61,171.41, plus interest and costs allowed by law and other relief the court deems just.

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U.S. District Court for the Southern District of Illinois

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