BARRY v. UNITED STATES

No. 82 C 6871.

570 F.Supp. 176 (1983)

Norman C. BARRY and Elizabeth G. Barry, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Illinois, E.D.

May 6, 1983.


Attorney(s) appearing for the Case

Norman J. Barry, Charles D. Knight, Jonathan E. Rothschild, Chicago, Ill., for plaintiff; Rothschild, Barry & Myers, Chicago, Ill., of counsel.

T. Kazan Ray, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., Dan K. Webb, U.S. Atty., Eileen M. Marutzky, Asst. U.S. Atty., Chicago, Ill., for defendant.


MEMORANDUM OPINION

KOCORAS, District Judge:

This matter comes before the Court on defendant's motion to dismiss. For the reasons set forth below, the motion is granted.

The underlying facts of this case are not in dispute. It is agreed that "through an obvious error, plaintiffs paid their 1980 estimated income tax liability twice: first, by [an] April 1980 payment of the entire 1980 estimated tax liability [of $10,843]; and second, by making timely...

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