LEPRINO FOODS CO. v. U.S.

No. CIV. A. 99-B-974.

105 F.Supp.2d 1161 (2000)

LEPRINO FOODS COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Colorado.

March 13, 2000.


Attorney(s) appearing for the Case

O. Russel Murray, Garlin, Driscoll & Murray, LLC, Louisville, CO, for Plaintiff.

Mark S. Pestal, U.S. Attorney's Office, Civil Div., Denver, CO, Philip Blondin, Arthur P. Yoon, U.S. Dept. of Justice, Tax Div., Washington, DC, for Defendant.


ORDER

BABCOCK, District Judge.

Defendant moves pursuant to Rule 12(b)(6) to dismiss plaintiff's complaint. The motion is adequately briefed and oral argument will not materially aid its resolution. For the reasons set forth below, I grant the motion. Jurisdiction exists under 28 U.S.C. § 1331.

I.

Because the Internal Revenue Service (I.R.S.) treated Plaintiff as an S corporation for the 1993 tax year, and Plaintiff elected to use a...

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