O'NEILL v. U.S.

No. 93-16348.

44 F.3d 803 (1995)

John M. O'NEILL; Mary C. O'Neill, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 9, 1995.


Attorney(s) appearing for the Case

Robert P. Schalk, Santa Cruz, CA, for plaintiffs-appellants.

Michael L. Paup, Acting Asst. U.S. Atty. Gen., Gary R. Allen, Asst. U.S. Atty., and John A. Nolet, Asst. U.S. Atty., Tax Div., Washington, DC, for defendant-appellee.

Before: HUG, CANBY, and HAWKINS, Circuit Judges.


HUG, Circuit Judge:

John and Mary O'Neill ("taxpayers"), investors in a tax shelter partnership, Interservice Group Limited ("IGL"), filed an action in district court seeking a refund of the taxes they paid as a result of adjustments made by the Internal Revenue Service ("IRS") to IGL's partnership return. The district court entered summary judgment for the Government on the ground that under 26 U.S.C. § 7422(h) it lacked jurisdiction to entertain actions "brought...

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