Legal Opinion

Gauler v. Internal Revenue Service

District Court, D. Nevada

Decided March 14, 2025No. 3:24-cv-00082Unknown

1Opinion

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 CAROLE S. GAULER, PERSONAL Case No. 3:24-cv-00082-ART-CSD 5 REPRESENTATIVE OF THE ESTATE OF PAUL L. KLEIN, ORDER ON MOTION TO DISMISS 6 Plaintiff, (ECF No. 5) 7 v. 8 UNITED STATES OF AMERICA, 9 Defendant. 10 11 This case is about a refund for tax overpayment. Plaintiff Carole Gauler 12 sued the Internal Revenue Service (IRS) for not processing a tax refund sent 13 during the COVID-19 pandemic. The Government responded that Gauler has not 14 alleged facts allowing this Court to exercise jurisdiction. The Court agrees. 15 I. FACTUAL…

2Cases cited14 opinions

  1. Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
  2. Safe Air for Everyone v. MeyerCourt of Appeals for the Ninth Circuit · 2004
  3. United States v. DalmSupreme Court of the United States · 1990
  4. Shelley Savage v. Glendale Union High School, District No. 205, Maricopa CountyCourt of Appeals for the Ninth Circuit · 2003
  5. United States v. BrockampSupreme Court of the United States · 1997

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