Demes v. United States

OPINION

MILLER, Judge.

This tax ease is before the court on defendant’s motion to dismiss for lack of jurisdiction under RCFC 12(b)(1) or for failure to state a claim under RCFC 12(b)(4). Defendant’s motion raises as its principal issue whether plaintiffs’ claim for a refund is barred by the statute of limitations because the carryback for losses that plaintiffs claim is predicated on a personal nonbusiness debt, which carries a shorter limitations period than a business debt. Specifically, defendant argues that plaintiffs’ status as shareholders does not allow them to claim a loss on a bad…