Legal Opinion

Schlabach v. United States

United States Court of Federal Claims

Decided February 17, 2011No. 10-676TPublishedCited by 6 opinions

1Opinion of the Court

OPINION AND ORDER

LETTOW, Judge.

In this tax-refund case filed October 6, 2010, plaintiff, Justin Schlabaeh, seeks a refund of monies paid to the Internal Revenue Service (“IRS”) in satisfaction of frivolous-filing penalties assessed under 26 U.S.C. (“I.R.C.”) § 6702(c). On December 3, 2010, Mr. Schlabaeh filed an application for a temporary restraining order (“TRO”), requesting that the court enjoin the IRS from imposing a third frivolous-filing penalty upon him. This order addresses that application.

BACKGROUND1

On February 7, 2008, Mr. Schlabaeh filed his tax return for the year 2007, seeking…

2Cases cited14 opinions

  1. Enochs v. Williams Packing & Navigation Co.Supreme Court of the United States · 1962
  2. United States v. Clintwood Elkhorn Mining Co.Supreme Court of the United States · 2008
  3. Augustin S. James v. Louis Caldera, Secretary of the Army and Philip J. SchrockCourt of Appeals for the Federal Circuit · 1999
  4. Commissioner v. ShapiroSupreme Court of the United States · 1976
  5. Charles William Ledford v. United StatesCourt of Appeals for the Federal Circuit · 2002

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3Cited by6 opinions

  1. Geneva Rock Products, Inc. v. United StatesUnited States Court of Federal Claims · 2011
  2. Beard v. United StatesUnited States Court of Federal Claims · 2011
  3. Alexander v. United StatesUnited States Court of Federal Claims · 2020
  4. Bishay v. United StatesUnited States Court of Federal Claims · 2019
  5. Cooper v. United StatesUnited States Court of Federal Claims · 2015

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

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