Murdock v. United States
United States Court of Federal Claims
1Opinion of the Court
OPINION AND ORDER
LETTOW, Judge.
Plaintiff Victoria Lynn Murdock, trustee of the John S. Murdock Inter Vivos Trust, seeks the refund of $3,973 in taxes allegedly overpaid by Mr. Murdock for tax years 2001 through 2004. The United States (“the government”) has moved to dismiss the complaint as untimely, contending that 26 U.S.C. (“I.R.C.”) § 6511(b)(2) precludes any recovery. Ms. Murdock responds that the tolling provision of I.R.C. § 6511(h) applies, preserving the viability of her suit. After briefing and a hearing, the government’s motion is ready for disposition.
BACKGROUND
John S. Murdock…
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