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DRAKE v. UNITED STATES

No. 85C 8970.

642 F.Supp. 830 (1986)

John H. DRAKE II, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Illinois, E.D.

August 19, 1986.

Attorney(s) appearing for the Case

Fred M. Ackerson, Mayer, Brown & Platt, Chicago, Ill., for plaintiff.

Anton R. Valukas, U.S. Atty., James J. Kubik, Asst. U.S. Atty., Chicago, Ill., Richard M. Prendergast, Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

John Drake II ("John") sues the United States under 28 U.S.C. § 1346(a)(1), claiming the Internal Revenue Service ("IRS") overassessed his income tax liability for 1982 and 1983. John has paid the assessed taxes and seeks a refund (see 26 U.S.C. §§ 6532(a) and 7422(a)).1 Now John has moved for summary judgment under Fed. R.Civ.P. ("Rule") 56. For the reasons...

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