Legal Opinion

Brodey v. United States

District Court, D. Massachusetts

Decided October 7, 1991No. Civ. A. 86-1984SPublishedCited by 8 opinions

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

  1. United States v. DalmSupreme Court of the United States · 1990
  2. Jorge Correa-Martinez v. Rene Arrillaga-BelendezCourt of Appeals for the First Circuit · 1990
  3. David H. Bruce v. United StatesCourt of Appeals for the Ninth Circuit · 1985
  4. Busse v. United StatesCourt of Appeals for the Seventh Circuit · 1976
  5. Collins v. United StatesUnited States Court of Claims · 1976

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. United States v. WilliamsSupreme Court of the United States · 1995
  2. Eisenberg v. Bank of New York (In Re Sattler's, Inc.)United States Bankruptcy Court, S.D. New York · 1987
  3. Sandrow v. United StatesDistrict Court, E.D. Pennsylvania · 1993
  4. Ibraham v. United StatesDistrict Court, S.D. Ohio · 2000
  5. Rob Evans & Associates, LLC v. United StatesDistrict Court, D. Massachusetts · 2014

3 more not listed; retrieve them via the Exa API.

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