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FILICE v. UNITED STATES

No. C-84-6854-WWS.

621 F.Supp. 1184 (1985)

Peter C. FILICE, Jr., and Jane F. Filice, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. California.

November 20, 1985.

Attorney(s) appearing for the Case

Peter R. Stromer, Los Gatos, Cal., for plaintiffs.

Jay R. Weill, Asst. U.S. Atty., San Francisco, Cal., for defendant.

ORDER

SCHWARZER, District Judge.

Plaintiffs, the prevailing party in a tax refund action, have moved for an award of $5,000 in attorney's fees pursuant to 26 U.S.C. § 7430(a). For the reasons stated, the motion is denied.

Procedural and Factual Background

Plaintiffs filed their complaint on October 19, 1984, seeking a tax refund of $2,418.11. The complaint alleged the IRS had wrongfully disallowed deductions claimed on plaintiffs...

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