JOHNSEN v. U.S.

No. CV 89-2089 (RJD).

758 F.Supp. 834 (1991)

Doris JOHNSEN, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E.D. New York.

February 15, 1991.


Attorney(s) appearing for the Case

Seth Rubinstein, Brooklyn, N.Y., Alan Shapiro, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., for plaintiffs.

Joseph D. McCann, Asst. U.S. Atty., Brooklyn, N.Y., for defendant.


MEMORANDUM AND ORDER

DEARIE, District Judge.

The government has moved to dismiss plaintiffs' action for a tax refund pursuant to 26 U.S.C. § 6511(b)(2)(A). For the reasons that follow, defendant's motion is DENIED.

BACKGROUND

In 1983, the Multzmans overpaid approximately twenty-five thousand dollars in taxes to the government. A completed tax return for that year remained unsigned in their home.

For some time prior to 1983...

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