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FOSTER v. U.S.

No. CV 99-P-1838.

106 F.Supp.2d 1234 (2000)

Mattie FOSTER, Plaintiff; v. UNITED STATES of America, Defendant.

United States District Court, N.D. Alabama, Southern Division.

Order Denying Motion to Amend, March 29, 2000.

Attorney(s) appearing for the Case

J Donald Hughes, Bradley Arant Rose & White, Birmingham, AL, for plaintiff.

G Douglas Jones, U.S. Attorney's Office, Birmingham, AL, Paul G Gill, Thomas E Scott, U.S. Department of Justice, Tax Division, Ben Franklin Station, Washington, DC, for defendant.

OPINION

POINTER, District Judge.

Mattie Foster brought this action seeking a refund of $237,139.00 (plus interest and attorney's fees) for overpayment of income taxes, penalties, and interest for the calendar year 1994. By amendments to the complaint, Foster also seeks damages under IRC § 7433, premised upon the collection of taxes that, she alleges, were erroneously assessed. The United States has moved for summary judgment with respect to the...

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