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RHODES v. UNITED STATES

Civ. No. 81-892.

552 F.Supp. 489 (1982)

James Edwin RHODES, Individually and as Executor of the Estate of Juanita Rhodes, Janae Ellen Kile, and Jock Elden Rhodes, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Oregon.

April 9, 1982.

Attorney(s) appearing for the Case

Jeffrey L. Dye, Robert G. Burt, Burt & Hagen, P.C., Portland, Or., for plaintiffs.

Charles H. Turner, U.S. Atty., Portland, Or., G. Scott Nebergall, Trial Attorney, Tax Division, Dept. of Justice, Washington, D.C., for defendant.

OPINION

REDDEN, Judge:

Plaintiffs are the executor and beneficiaries of the estate of Juanita Rhodes. The plaintiffs brought this action against the United States to obtain a refund of federal estate taxes paid on behalf of the estate of Juanita Rhodes. The United States moves to dismiss on the ground that this court has no subject matter jurisdiction. This motion is based on the contention that the estate did not file a timely and proper claim for a tax...

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