OPINION AND ORDER
ROBERT E. JONES, District Judge.
Plaintiffs Neil and Judithe Simson, who appear pro se, filed this action against defendant United States of America, seeking recovery of an alleged overpayment of federal income taxes for the 1997 tax year. Defendant has moved to dismiss (# 9) plaintiffs' complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim. For the reasons stated, defendant's motion is granted.
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