Legal Opinion

Stephens v. United States

Court of Appeals for the Federal Circuit

Decided March 9, 2018No. 2016-2720PublishedCited by 25 opinions

1Opinion of the Court

Chen, Circuit Judge.

*1153 Appellants Wilton R. Stephens, Jr., and Carol M. Stephens (collectively, the "Stephenses") sued the United States (Government) in the U.S. Court of Federal Claims ("Claims Court"), seeking a refund of federal income taxes and interest. The Government filed a motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Rules of the Court of Federal Claims, arguing that the Stephenses failed to file a timely tax refund claim with the Internal Revenue Service (IRS). The Claims Court denied the Government's motion to dismiss. See Stephens v.…

2Cases cited15 opinions

  1. United States v. KingSupreme Court of the United States · 1969
  2. Bull v. United StatesSupreme Court of the United States · 1935
  3. United States v. DalmSupreme Court of the United States · 1990
  4. United States v. Clintwood Elkhorn Mining Co.Supreme Court of the United States · 2008
  5. Estes Express Lines v. United StatesCourt of Appeals for the Federal Circuit · 2014

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3Cited by25 opinions

  1. Crow Creek Sioux Tribe v. United StatesCourt of Appeals for the Federal Circuit · 2018
  2. Brown v. United StatesCourt of Appeals for the Federal Circuit · 2022
  3. Walby v. United StatesCourt of Appeals for the Federal Circuit · 2020
  4. Creative Management Services v. United StatesCourt of Appeals for the Federal Circuit · 2021
  5. Chemehuevi Indian Tribe v. United StatesCourt of Appeals for the Federal Circuit · 2024

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