Legal Opinion

Dixon v. United States

United States Court of Claims

Decided February 4, 1985No. 345-84TPublishedCited by 4 opinions

1Opinion of the Court

*378OPINION

WOOD, Judge.

In this action, plaintiff sues to recover an alleged overpayment of federal income taxes for the year 1979 of $2,452, plus interest, attorney fees, and costs.

Defendant has moved to dismiss the complaint pursuant to RUSCC 12(b) on the ground that plaintiff has failed to state a claim upon which relief can be granted. It asserts that plaintiff seeks, but is barred by section 6511(b)(2)(A) of the Internal Revenue Code of 1954, as amended, 26 U.S.C. § 6511(b)(2)(A) (1982) from recovering, a refund of federal income taxes paid more than three years prior to the filing of the…

2Cases cited11 opinions

  1. Rosenman v. United StatesSupreme Court of the United States · 1945
  2. Tedroe J. Ford, Jr. And Margaret Ford v. United StatesCourt of Appeals for the Fifth Circuit · 1980
  3. Hanley v. United StatesUnited States Court of Claims · 1945
  4. Kingston Products Corporation v. The United StatesUnited States Court of Claims · 1966
  5. Northern Natural Gas Company v. The United StatesUnited States Court of Claims · 1965

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3Cited by4 opinions

  1. Charles J. Oropallo v. United StatesCourt of Appeals for the First Circuit · 1993
  2. Galuska v. CommissionerUnited States Tax Court · 1992
  3. Braman v. CommissionerUnited States Tax Court · 1992
  4. Galuska v. CommissionerUnited States Tax Court · 1992

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