PALA, INC. EMPLOYEES PROFIT SHARING PLAN v. U.S.

No. 99-31037.

234 F.3d 873 (2000)

PALA, INC. EMPLOYEES PROFIT SHARING PLAN AND TRUST AGREEMENT, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 29, 2000.


Attorney(s) appearing for the Case

Joseph A. Prokop, Jr. (argued), Baton Rouge, LA, for Plaintiff-Appellant.

Michelle Contos France (argued), David English Carmack, U.S. Dept. of Justice, Tax Div., Washington, DC, for Defendant-Appellee.

Before JOLLY, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case requires us to examine the nuances of the "informal claim" doctrine. Plaintiff-Appellant filed suit, requesting a tax refund from the Internal Revenue Service. Although it never made a formal refund claim to the IRS, Plaintiff-Appellant asserts that it filed a timely "informal claim." The district court dismissed for lack of subject matter jurisdiction, concluding that no timely claim was filed. Upon denial of its...

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