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BECKER v. DEPT. OF TREASURY/I.R.S.

No. 91 Civ. 3876 (JES).

823 F.Supp. 231 (1993)

Seth BECKER, Plaintiff, v. DEPARTMENT OF the TREASURY/INTERNAL REVENUE SERVICE, Defendant.

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

June 10, 1993.

Attorney(s) appearing for the Case

Seth Becker, plaintiff pro se.

Otto Obermaier, U.S. Atty. for S.D.N.Y., New York City for respondent; Sarah Thomas, Asst. U.S. Atty., of counsel.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

For the reasons that follow, defendant's motion for summary judgment is granted.

BACKGROUND

On or about April 17, 1989,1 plaintiff Seth Becker ("Becker") mailed his federal income tax return for the 1985 tax year to the Internal Revenue Service ("IRS") approximately three years after it was due. That late-filed return also served as a request for a refund...

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