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VINTILLA v. U.S.

No. 90-3502.

931 F.2d 1444 (1991)

Ray E. VINTILLA, Carla M. Vintilla, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 22, 1991.

Attorney(s) appearing for the Case

John R. Vintilla, Cleveland, Ohio, for plaintiffs-appellants.

Gary R. Allen, Chief, David A. Hubbert, Ann B. Durney, Tax Div., Appellate Section, U.S. Dept. of Justice, Washington, D.C., Kendell W. Wherry, Asst. U.S. Atty., Orlando, Fla., for defendant-appellee.

Before JOHNSON and COX, Circuit Judges, and GODBOLD, Senior Circuit Judge.

PER CURIAM:

Taxpayers Ray and Carla Vintilla appeal the district court's grant of the Internal Revenue Service's ("IRS") motion for summary judgment in their suit against the IRS for a tax refund. The district court found that the claim was barred on the ground that the statute of limitations for filing for a tax refund had expired.

I. BACKGROUND OF THE CASE

Ray Vintilla was a management employee of Orinoco...

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