IMPERIAL PLAN, INC. v. U.S.

No. 94-56439.

95 F.3d 25 (1996)

IMPERIAL PLAN, INC., a Corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn March 20, 1996.

Resubmitted August 16, 1996.

Decided September 6, 1996.


Attorney(s) appearing for the Case

Steven R. Mather, Kajan, Mather & Barish, Beverly Hills, California, for plaintiff-appellant.

Teresa Milton and Gary R. Allen, United States Department of Justice, Washington, DC, for defendant-appellee.

Before: CANBY, BOOCHEVER, and LEAVY, Circuit Judges.


LEAVY, Circuit Judge:

Imperial Plan, Inc. appeals the district court's dismissal of its action seeking a refund of excise taxes paid under 26 U.S.C. § 4975. The district court held that it lacked subject matter jurisdiction because Imperial Plan had not timely filed a claim for refund with the Internal Revenue Service. We have jurisdiction under 28 U.S.C. § 1291, and we affirm the district court.

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