Pinckes v. United States

MEMORANDUM ORDER

MAYER, Judge.

Plaintiff Henry J. Pinckes * seeks a refund of federal income taxes because he lost money when a Swiss bank in which he was a depositor went bankrupt. This case is before the court on defendant’s motion to dismiss, or for summary judgment. Plaintiff has filed a cross-motion for summary judgment.

Background

In 1979, plaintiff filed an amended personal income tax return for 1976 which stated, “Taxpayer suffered a capital loss of $75,487 in 1975____” The return gave no further information about the loss. During its administrative investigation of plaintiff’s refund…