Legal Opinion

Indiana National Corp. v. United States

District Court, S.D. Indiana

Decided July 25, 1991No. IP88-277-CPublishedCited by 1 opinion

1Opinion of the Court

ENTRY

BARKER, District Judge.

This matter comes before the court on the defendant’s motion for partial dismissal of this action for the recovery of federal corporate income tax.1 Oral argument was heard on this motion on February 12, 1990.

In its motion, the United States asks this court to dismiss the plaintiffs’ refund claims for the years 1967 and 1970 on the ground that these claims were not timely filed. “A timely, sufficient claim for refund is a jurisdictional prerequisite to a refund suit.” Martin v. United States, 833 F.2d 655, 658-659 (7th Cir.1987) (citations omitted). The parties…

2Cases cited12 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
  3. Lehman v. NakshianSupreme Court of the United States · 1981
  4. Gould v. GouldSupreme Court of the United States · 1917
  5. McCarthy v. BronsonSupreme Court of the United States · 1991

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3Cited by1 opinion

  1. Indiana National Corporation and Its Subsidiaries: Indiana National Bank v. United StatesCourt of Appeals for the Seventh Circuit · 1992

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