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MARANDOLA v. U.S.

No. 2007-5136.

518 F.3d 913 (2008)

Edward MARANDOLA, Jr., and Carmen Marandola, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 6, 2008.

Attorney(s) appearing for the Case

Charles J. Reilly, Reilly Law Associates, Inc., of Providence, RI, for plaintiffs-appellants.

Patrick J. Urda, Attorney, Appellate Section, Tax Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With him on the brief were Richard T. Morrison, Acting Assistant Attorney General, and Andrea R. Tebbets, Attorney.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

NEWMAN, Circuit Judge.

Taxpayers Edward Marandola, Jr. and Carmen Marandola filed suit in the United States Court of Federal Claims seeking a refund of federal income taxes for tax years 1996 to 1999. The Court of Federal Claims decided in favor of the government,1 and the Marandolas filed a notice of appeal. We conclude that the notice of appeal was untimely filed, and dismiss the appeal.

DISCUSSION

The Court of Federal...

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