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BRODEY v. U.S.

Civ. A. No. 86-1984S.

788 F.Supp. 44 (1991)

Benjamin BRODEY, Lisa Brodey and Kim Brodey as Co-Executors of the Estate of Jane Brodey, Plaintiffs, v. UNITED STATES of America and John D. Johnson, District Director of Internal Revenue, Defendants.

United States District Court, D. Massachusetts.

October 7, 1991.

Attorney(s) appearing for the Case

Robert Bruce Allensworth, Kirkpatrick & Lockhart, Boston, Mass., for plaintiffs.

W. Stephen Muldrow, U.S. Dept. of Justice, Tax Div., Washington, D.C., for defendants.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS

SKINNER, District Judge.

This is an action to recover monies paid to the Internal Revenue Service by a taxpayer who erroneously assumed that she was personally liable for the taxes of a corporation of which she was an officer and shareholder. The plaintiff bases jurisdiction on 28 U.S.C. § 1346(a)(1). The United States moves to dismiss the complaint, arguing that the plaintiff has no standing to...

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