MEMORANDUM RULING
DUHE, District Judge.
This ruling concerns defendant USA's motion to dismiss or in the alternative for summary judgment on plaintiffs' suit for income tax refund.
FACTS
On February 6, 1986, plaintiffs filed their joint federal income tax return for 1985. On their return plaintiffs altered line items 24 and 25 to read "non-taxable compensation Eisner v. Macomber,
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