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CRISMON v. UNITED STATES

No. 75-3381.

550 F.2d 1205 (1977)

Edgar T. CRISMON and Maxine Crismon, his wife, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 29, 1977.

Attorney(s) appearing for the Case

Arthur D. Ehrenreich, argued, Burns, Ferrin & Ehrenreich, Phoenix, Ariz., for plaintiffs-appellants.

Gilbert E. Andrews, David E. Carmack, Gilbert S. Rothenberg, Jonathan S. Cohen, argued, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendant-appellee.

Before HUFSTEDLER, GOODWIN and ANDERSON, Circuit Judges.

PER CURIAM:

Taxpayers Edgar T. Crismon and his wife, Maxine (The Crismons), brought suit in the district court below, seeking a tax refund. They claimed a refund of federal taxes paid in the 1966 tax year. The basis was a net operating loss in the tax year 1969 which they proposed to carry back to the year 1966. The district court dismissed the suit for lack of jurisdiction because the Crismons had not filed a proper claim for a refund within the statutory time period...

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