Legal Opinion

Mbiya B. Israel and Carrol Israel v. United States

Court of Appeals for the Second Circuit

Decided January 22, 2004No. Docket 03-6112PublishedCited by 10 opinions

1Opinion of the Court

WESLEY, Circuit Judge.

Mbiya and Carrol Israel (“the Israels”) did not file tax returns for 1993, 1994, or 1995 until early in 2000. When they finally did file these returns, they sought to take advantage of the earned income credit (“EIC”) to produce refunds in excess of taxes they had paid. The Internal Revenue Service (“IRS”) has taken a less than sympathetic view of the Israels’ endeavor. It contends the refund claims are untimely. This dispute presents an interesting problem, as it is unclear how the Internal Revenue Code (“the Code”) is to be applied here. The Code carefully and…

2Cases cited4 opinions

  1. Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986
  2. David F. Ertman and Jane Ertman v. United StatesCourt of Appeals for the Second Circuit · 1999
  3. Emanuel Weisbart v. United States Department of Treasury and Internal Revenue ServiceCourt of Appeals for the Second Circuit · 2000
  4. Harriman v. Internal Revenue ServiceDistrict Court, E.D. New York · 2002

3Cited by10 opinions

  1. Sarmiento v. United StatesCourt of Appeals for the Second Circuit · 2012
  2. Maniolos v. United StatesDistrict Court, S.D. New York · 2010
  3. Musungayi v. United StatesUnited States Court of Federal Claims · 2009
  4. Gravenstein 116, LLC v. United StatesUnited States Court of Federal Claims · 2026
  5. Houghmaster v. United StatesDistrict Court, N.D. New York · 2020

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