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SARTO v. UNITED STATES

No. C-83-0167 SC.

563 F.Supp. 476 (1983)

Louis SARTO and Julius Sarto, Executors of the Estate of Giulio Sarto, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. California.

April 22, 1983.

Attorney(s) appearing for the Case

Harold M. Everton, Thomas E. Thiel, San Jose, Cal., Glynn P. Falcon, Mountain View, Cal., for plaintiffs.

Joseph Russoniello, U.S. Atty., Michael J. Yamaguchi, Asst. U.S. Atty., N.D. Cal., San Francisco, Cal., for defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

CONTI, District Judge.

The executors of the Estate of Giulio Sarto bring this action under 28 U.S.C. § 1346(a) for recovery of Internal Revenue penalties and interest in the amount of $71,601.57, which were assessed against the estate for late filing of its tax return. Plaintiffs allege that they reasonably relied on their attorney and accountants to obtain extensions of time to file the estate's tax return...

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