Brodey v. United States
District Court, D. Massachusetts
1Opinion of the Court
MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO DISMISS
SKINNER, District Judge.
This is an action to recover monies paid to the Internal Revenue Service by a taxpayer who erroneously assumed that she was personally liable for the taxes of a corporation of- which she was an officer and shareholder. The plaintiff bases jurisdiction on 28 U.S.C. § 1346(a)(1). The United States moves to dismiss the complaint, arguing that the plaintiff has no standing to sue.
For the purpose of a motion to dismiss, I take the well-pleaded facts as they appear in the complaint, indulging every reasonable inference in…
2Cases cited12 opinions
- United States v. DalmSupreme Court of the United States · 1990
- Jorge Correa-Martinez v. Rene Arrillaga-BelendezCourt of Appeals for the First Circuit · 1990
- David H. Bruce v. United StatesCourt of Appeals for the Ninth Circuit · 1985
- Busse v. United StatesCourt of Appeals for the Seventh Circuit · 1976
- Collins v. United StatesUnited States Court of Claims · 1976
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3Cited by8 opinions
- United States v. WilliamsSupreme Court of the United States · 1995
- Eisenberg v. Bank of New York (In Re Sattler's, Inc.)United States Bankruptcy Court, S.D. New York · 1987
- Sandrow v. United StatesDistrict Court, E.D. Pennsylvania · 1993
- Ibraham v. United StatesDistrict Court, S.D. Ohio · 2000
- Rob Evans & Associates, LLC v. United StatesDistrict Court, D. Massachusetts · 2014
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