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PORTER v. U.S.

Civ. A. No. 2:95cv1127.

919 F.Supp. 927 (1996)

Donald L. PORTER and Leora L. Porter, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

March 26, 1996.

Attorney(s) appearing for the Case

Steven Jay Harwood, McGuire, Woods, Battle & Boothe, Norfolk, VA, for plaintiffs.

Gregory D. Stefan, United States Attorney's Office, Norfolk, VA, Beverly A. Moses, U.S. Department of Justice, Tax Division, Washington, DC, for defendant.

OPINION AND ORDER

DOUMAR, District Judge.

This matter is before the Court upon the United States' motion to dismiss for lack of jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). For the reasons set out below, the motion is GRANTED in part and DENIED in part.

I. Facts

On or about April 15, 1988, Plaintiffs filed an Internal Revenue Service (I.R.S.) Form 4868, an "Application for Automatic Extension of Time to File U.S. Individual...

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