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U.S. v. McGEE

No. 91-56257.

993 F.2d 184 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Orville Wayne McGEE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1993.

Attorney(s) appearing for the Case

Ronald K. Van Wert, Newport Beach, CA, for defendant-appellant.

Curtis C. Pett, Tax Div., U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee.

Before D.W. NELSON, WIGGINS, and LEAVY, Circuit Judges.

WIGGINS, Circuit Judge:

On July 26, 1990, the United States brought suit to reduce to judgment unpaid federal tax assessments made against Orville Wayne McGee that totalled $92,957.28, plus interest. McGee moved to dismiss the suit for failure to state a claim on the ground that it was not brought within the six-year limitations period of 26 U.S.C. § 6502(a)(1988). McGee asserted that the complaint failed to allege that...

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