LYDLE v. UNITED STATES

No. 79-3017.

635 F.2d 763 (1981)

John E. LYDLE and Kathryn Lydle; and I. D. Lowe, Trustee for The Marilyn K. Lydle Trust, Barbara J. Lydle Trust, and Richard C. Lydle Trust, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 17, 1981.


Attorney(s) appearing for the Case

Richard J. Kovach, Brouse & McDowell Co., L.P.A., Akron, Ohio, for plaintiffs-appellants.

James R. Williams, U.S. Atty., Cleveland, Ohio, David J. Curtin, Thomas M. Preston, M. Carr Ferguson, Gilbert Andrews, Richard Perkins, Dept. of Justice, Tax Div., Washington, D.C., for defendant-appellee.

Before LIVELY and ENGEL, Circuit Judges, and PECK, Senior Circuit Judge.


PECK, Senior Circuit Judge.

The question for decision in this tax-refund action is when the applicable two-year statute of limitations began to run. The taxpayers appeal from the district court's ruling that the refund action was not timely filed.

The pertinent period of limitations begins to run when the Secretary of the Treasury mails a taxpayer a notice of rejection of the taxpayer's claim for a refund, or when the taxpayer files a written waiver of this...

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