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KUEHN v. UNITED STATES

No. 38-73.

480 F.2d 1319 (1973)

Philip G. KUEHN and Margery Kuehn v. The UNITED STATES.

United States Court of Claims.

As Amended on Denial of Rehearing September 25, 1973.

Attorney(s) appearing for the Case

George D. Webster, Washington, D. C., attorney of record, for plaintiffs.

Gilbert E. Andrews, with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant. Joseph Kovner, Washington, D. C., and Charles E. Auslander, Jr., of counsel.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG, and BENNETT, Judges.

ON DEFENDANT'S MOTION TO DISMISS

BENNETT, Judge:

The matter to be decided is defendant's motion to dismiss the petition on the ground that the court lacks jurisdiction due to the plaintiff's failure to file a timely claim for tax refund. The primary issue to be resolved is whether, on the facts admitted for purposes of the motion, it can be said that the plaintiff filed a valid "informal" claim for refund within...

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