MIRES v. UNITED STATES

No. 05-6186.

466 F.3d 1208 (2006)

ARTHUR W. MIRES, Trustee of the Monte H Goldman Revocable Living Trust, Plaintiff-Appellant, v. UNITED STATES OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 31, 2006.


Attorney(s) appearing for the Case

Margaret K. Myers (Earl D. Mills with her on the briefs), The Mills Law Firm, Oklahoma City, Oklahoma, for Plaintiffs-Appellants.

Joan I. Oppenheimer, United States Department of Justice (Eileen J. O'Connor, Assistant Attorney General; John C. Richter, United States Attorney; Richard Farber, United States Department of Justice, with her on the brief) for DefendantA-ppellee.

Before KELLY, HOLLOWAY, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

When the estate of Alfred Goldman ("the Estate") filed this tax refund suit in July 2003, it had neither paid the taxes it was disputing nor sought administrative relief before the Internal Revenue Service. The United States accordingly sought dismissal under Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction. Rather than suffer dismissal, the Estate paid the taxes, filed a claim before the IRS,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases