U.S. v. CPC INTERN. INC.

Civ. No. 94-3232 (WHW).

875 F.Supp. 264 (1995)

UNITED STATES of America, Plaintiff, v. CPC INTERNATIONAL INC. & its consolidated domestic subsidiaries, Defendant.

United States District Court, D. New Jersey, Civil Division.

February 8, 1995.


Attorney(s) appearing for the Case

Charles M. Flesch, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, DC, for plaintiff.

John M. Agnello, Carella, Byrne, Bain, Gilfillian, Cecchi, Stewart & Olstein, Lyndhurst, NJ, F. David Lake, Jr., Erik H. Corwin, Wilmer, Cutler & Pickering, Washington, DC, for defendant.


OPINION

WALLS, District Judge.

This matter is before the Court on the motion of defendant, CPC International Inc. (CPC), to dismiss this complaint for lack of subject matter jurisdiction and for failure to state a claim.

STATEMENT OF FACTS

The United States is suing to recover an erroneous refund pursuant to 26 U.S.C. § 7405. In 1990, the Internal Revenue Service (IRS) examined CPC's federal Form 1120 income tax returns...

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