Legal Opinion

Murray Industries, Inc. v. United States, Department of Treasury, Internal Revenue Service (In re Murray Industries, Inc.)

United States Bankruptcy Court, M.D. Florida

Decided September 29, 1989No. Bankruptcy No. 88-07473-8P1; Adv. No. 89-00197PublishedCited by 1 opinion

1Opinion of the Court

ORDER ON MOTION TO DISMISS

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 11 case and the matter under consideration is a Motion to Dis*285miss a Complaint filed by Murray Industries, Inc., Murray Chris-Craft Cruisers, Inc. and Uniflite, Inc. (Debtors). The Complaint, entitled “Complaint to Recover Overpaid Taxes” sets forth a claim seeking to recover a tax refund contending that they, or one of them, are entitled to a refund of taxes allegedly overpaid in the amount of $303,518.34. The Debtors contend that the payment of this amount constitutes a double payment of taxes of Uni-flite, Inc. for…

2Cases cited9 opinions

Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986
Busse v. United StatesCourt of Appeals for the Seventh Circuit · 1976
Leon Stoller and Audrey Stoller v. United StatesCourt of Appeals for the Fifth Circuit · 1971

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3Cited by1 opinion

Internal Revenue Service v. PranskyDistrict Court, D. New Jersey · 2001