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FAMILY GROUP, INC. v. UNITED STATES

No. 75 C 2061.

416 F.Supp. 1170 (1976)

FAMILY GROUP, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. New York.

July 26, 1976.

Attorney(s) appearing for the Case

Abraham W. Sereyski, New York City, for plaintiff.

Vicki Cheikes, Trial Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

GEORGE C. PRATT, District Judge.

By this action, plaintiff seeks a refund of $6,383.11 in federal corporate income taxes claimed to have been overpaid for the year 1967. The Government has moved pursuant to FRCP 12(b)(1) to dismiss the complaint with prejudice, on the ground that the Court lacks jurisdiction over the subject matter since plaintiff's refund claim is time barred.

Plaintiff duly filed its corporate income tax returns...

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