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FREE-PACHECO v. U.S.

No. 12-121T.

ENRIQUE FREE-PACHECO, v. UNITED STATES, Defendant.

United States Court of Federal Claims.

July 16, 2014.

Attorney(s) appearing for the Case

ENRIQUE FREE-PACHECO, Plaintiff, represented by Jeff Scott Hood , Procopio Cory Hargreaves & Savitch.

USA, Defendant, represented by Gregory S. Knapp , United States Department of Justice.

Jeff S. Hood , Procopio, Cory, Hargreaves & Savitch LLP, San Diego, C.A., for plaintiff. With him was Patrick Martin , Procopio, Cory, Hargreaves & Savitch LLP.

Fredrick C. Crombie , Trial Attorney, Court of Federal Claims Section, Tax Division, United States Department of Justice, Washington, D.C., for defendant. With him were Gregory S. Knapp , Trial Attorney, Court of Federal Claims Section, David I. Pincus , Chief, Court of Federal Claims Section and Kathryn Keneally, Assistant Attorney General.

OPINION

MARIAN BLANK HORN, District Judge.

Plaintiff, Enrique Free Pacheco, a Mexican citizen and nonresident of the United States, brought suit to recover a tax refund in excess of $16,360,455.00, not including interest, withheld by the United States Internal Revenue Service (IRS). This sum, according to plaintiff, represents the amount the IRS automatically withheld from plaintiff's jackpot winnings while plaintiff gambled at slot machines in Las Vegas...

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