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NEW YORK LIFE INS. CO. v. U.S.

No. 10 Civ. 4701(VM).

780 F.Supp.2d 324 (2011)

NEW YORK LIFE INSURANCE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

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

April 19, 2011.

Attorney(s) appearing for the Case

John David Lovi, Steptoe & Johnson, LLP, New York, NY, Arthur L. Bailey, James Walker Johnson, Steptoe & Johnson, LLP, Washington, DC, for Plaintiff.

Michael J. Byars, U.S. Attorney's Office, New York, NY, for Defendant.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Plaintiff New York Life Insurance Company ("New York Life") brought this action against defendant United States of America ("Government") seeking a refund of certain Federal income taxes that New York Life paid for the taxable years 1988 and 1990 through 1995. The Government now moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure ("Rule 12(b)(6)") to dismiss the complaint. For...

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