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FLORANCE v. UNITED STATES

Civ. A. No. 3141.

237 F.Supp. 25 (1964)

Henry A. FLORANCE et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Virginia, at Alexandria.

September 1, 1964.

Attorney(s) appearing for the Case

Roy H. Halquist, Arlington, Va., for plaintiffs.

Plato C. Cacheris, First Asst. U. S. Atty., Alexandria, Va., for defendant.

LEWIS, District Judge.

The Government's motion to dismiss will be denied.

The Government predicates its motion to dismiss upon the failure of the plaintiffs to fully comply with § 7422(a), Title 26 United States Code, which provides in substance that no suit shall be maintained for the recovery of income taxes until a claim therefor has been filed, and upon the failure of the plaintiffs to comply with Treasury Regulation 26 C.F.R. Section 301.6402-2(b...

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