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HABER v. U.S.

No. 87-1102.

831 F.2d 1051 (1987)

Heinz HABER, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 21, 1987.

Attorney(s) appearing for the Case

Edward Ord, Ord & Norman, of San Francisco, Cal., argued for plaintiff-appellant.

B. Paul Klein, Dept. of Justice, of Washington, D.C., argued for defendant-appellee. With him on the brief were Roger M. Olsen, Asst. Atty. Gen., Michael L. Paup and Gilbert S. Rothenberg.

Before MARKEY, Chief Judge, NEWMAN, and BISSELL, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Mr. Heinz Haber (taxpayer) appeals an Order of the United States Claims Court granting the government's motion to dismiss his suit for refund based on foreign taxes paid. Haber v. United States, 8 Cl.Ct. 371 (1985). We reverse.

Background

Taxpayer, a resident of the Federal Republic of Germany, relying on the ten-year limitation period set in the Internal Revenue Code1 for...

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