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FURST v. UNITED STATES

No. 415-80T.

678 F.2d 147 (1982)

John S. FURST, Independent Executor of the Estate of Bette C. Graham, v. The UNITED STATES.

United States Court of Claims.

April 21, 1982.

Attorney(s) appearing for the Case

Ronald M. Mankoff, Dallas, Tex., attorney of record, for plaintiff. Thomas G. Hineman and Durant, Mankoff, Davis, Wolens & Francis, Dallas, Tex., of counsel.

Robert N. Dorosin, Washington, D. C., with whom was Asst. Atty. Gen., Glenn L. Archer, Jr., for defendant. Theodore D. Peyser, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, COWEN, Senior Judge, and KASHIWA, Judge.

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT

KASHIWA, Judge:

This federal income tax refund suit comes before the court on cross motions for summary judgment. Two major issues are raised by this case. The first is whether decedent gave the Internal Revenue Service sufficient information to constitute a timely informal refund claim. The second is whether collateral estoppel bars the Government from relitigating...

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