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UNITED STATES v. WOODMANSEE

No. C-74-1346.

388 F.Supp. 36 (1975)

UNITED STATES of America, Plaintiff, v. W. Keith WOODMANSEE and Teresa Woodmansee, Defendants.

United States District Court, N. D. California.

January 15, 1975.

Attorney(s) appearing for the Case

James L. Browning, Jr., U. S. Atty., Martin A. Schainbaum, Asst. U. S. Atty., Tax Div., San Francisco, Cal., for plaintiff.

W. Keith Woodmansee, Walnut Creek, Cal., for defendants.

MEMORANDUM OF OPINION AND ORDER

RENFREW, District Judge.

This is a civil action brought by the United States of America pursuant to Section 7405, Int.Rev.Code of 1954, to recover erroneous refunds of income taxes paid to W. Keith and Teresa Woodmansee ("taxpayers"). Federal jurisdiction over the subject matter arises under 28 U.S.C. §§ 1340, 1345. Taxpayers filed a motion to dismiss the complaint for failure to state a claim entitling the Government...

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