Murphy v. United States
Court of Appeals for the First Circuit
1Opinion of the Court
STAHL, Circuit Judge.
This appeal arises from the dismissal of a suit brought by plaintiff-appellant John Murphy for a tax refund and damages stemming from an alleged illegal or erroneous tax collection. Because we agree with the district court that Murphy has failed to establish a waiver of sovereign immunity, we affirm.
I
Background
Prior to 1972, Murphy formed Capeway Construction Company (“Capeway”) as a partnership with Edward Laffey. In 1972, Capeway failed to submit payroll taxes to the federal government for the quarters ending on June 30 and September 30 of that year. At the end of 1972,…
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