NEW ORLEANS – Three restaurant operators allege that they should be refunded a fee charged by the Internal Revenue Service.
Times Grill I LLC, Times Grill II LLC and Times Grill IV LLC filed a complaint on April 27 in the U.S. District Court for the Eastern District of Louisiana against United States of America alleging that the government agency excessively assessed penalties.
According to the complaint, the plaintiffs allege the defendant's IRS made penalty assessments totaling approximately $100,000 against them and claim this amount should be refunded. They allege that that they paid and continue to pay the outstanding payroll taxes caused by a former employee, interest and penalties for the tax period of 2010. The suit states that more than six months have passed since the April 21, 2015, filing of a claim for refund and request for abatement and that the defendant has not responded to the request.
The plaintiffs request a trial by jury and seek judgment in their favor to refund the employment tax penalties and interest, compensation for attorneys’ fees, litigation costs and any such other relief as the court may deem just. They are represented by Kyle A. Spaulding and William A. Neilson Sr. of Neilson-Spaulding LLC in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-03712