Legal Opinion

Portsmouth Ambulance, Inc. v. United States

District Court, S.D. Ohio

Decided May 6, 2013No. Case No. 1:12-cv-774Published

1Opinion of the Court

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS (Doc. 6)

TIMOTHY S. BLACK, District Judge.

This civil action is before the Court on Defendant’s motion to dismiss (Doc. 6) and the parties’ responsive memoranda. (Docs. 8, 9). Plaintiffs’ claims arise from the Internal Revenue Service (“IRS”)’s application of the proceeds of the sale of Plaintiff Portsmouth Ambulance, Inc. (“Portsmouth”)’s assets toward the tax liabilities of Urgent Care Transport, Inc. (“Urgent Care”), an alleged alter ego of Portsmouth. Plaintiffs bring refund claims on behalf of both Plaintiffs and a claim for unlawful collection…

2Cases cited22 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. Tackett v. M & G POLYMERS, USA, LLCCourt of Appeals for the Sixth Circuit · 2009
  3. The Ohio National Life Insurance Company v. United StatesCourt of Appeals for the Sixth Circuit · 1990
  4. Gentek Building Products, Inc., Steel Peel Litigation Trust, Formerly Known as Sherwin-Williams Claims Trust v. The Sherwin-Williams CompanyCourt of Appeals for the Sixth Circuit · 2007
  5. United States v. WilliamsSupreme Court of the United States · 1995

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