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MURDOCK v. U.S.

No. 1:11-cv-00326-CFL.

VICTORIA LYNN MURDOCK, trustee of the John S. Murdock Inter Vivos Trust, Plaintiff, v. UNITED STATES, Defendant.

United States Court of Federal Claims.

February 9, 2012.

Attorney(s) appearing for the Case

Victoria Lynn Murdock , pro se, Eagle Rock, California.

Mark A. Ryan , Attorney, Court of Federal Claims Section, Tax Division, United States Department of Justice, Washington, D.C., for defendant. With him on the briefs were John A. DiCicco , Principal Deputy Assistant Attorney General, Tax Division, and Mary M. Abate , Acting Chief, and G. Robson Stewart , Assistant Chief, Court of Federal Claims Section, United States Department of Justice, Washington, D.C.

CHARLES F. LETTOW, Judge.

OPINION AND ORDER

Plaintiff Victoria Lynn Murdock, trustee of the John S. Murdock Inter Vivos Trust, seeks the refund of $3,973 in taxes allegedly overpaid by Mr. Murdock for tax years 2001 through 2004. The United States ("the government") has moved to dismiss the complaint as untimely, contending that 26 U.S.C. ("I.R.C.") § 6511(b)(2) precludes any recovery. Ms. Murdock responds that the tolling provision of I.R.C. §...

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