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TOSELLO v. U.S.

No. 99-15092.

210 F.3d 1125 (2000)

George R. TOSELLO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2000.

Attorney(s) appearing for the Case

David M. Kirsch, San Jose, California, for the plaintiff-appellant.

Gilbert S. Rothenberg and Karen D. Utiger, Attorneys, Tax Division, United States Department of Justice, Washington, D.C., for the defendant-appellee.

Before: TASHIMA and GRABER, Circuit Judges, and STOTLER, District Judge.

GRABER, Circuit Judge:

In September 1995, Plaintiff George R. Tosello filed a claim for a refund of more than $25,000 in personal income tax that he had paid in 1984. The Internal Revenue Service (IRS) sent Plaintiff a notice of disallowance in December 1995. Plaintiff filed suit, challenging that disallowance, in January 1998. Defendant United States moved for summary judgment on the ground that Plaintiff's suit was untimely, and the district court granted Defendant...

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