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SCHAEFFLER v. U.S.

No. 17-10719.

889 F.3d 238 (2018)

Georg F. W. SCHAEFFLER; Bernadette Schaeffler, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED May 3, 2018.

Attorney(s) appearing for the Case

Michael Todd Welty , Laura L. Gavioli , Counsel, Kristina Lynn Novak , Attorney, Mark P. Thomas , McDermott Will & Emery, L.L.P., Dallas, TX, for Plaintiff-Appellant GEORG F. W. SCHAEFFLER.

Michael Cavalier Durney , Independent Counsel, Law Offices of Michael C. Durney, Washington, DC, Richard Salgado, Esq. , Dentons US, L.L.P., Dallas, TX, for Plaintiff-Appellant BERNADETTE SCHAEFFLER.

Norah Bringer , Richard Bradshaw Farber, Esq. , Supervisory Attorney, U.S. Department of Justice, Tax Division, Appellate Section, Washington, DC, for Defendant-Appellee.

Before KING, HAYNES, and HIGGINSON, Circuit Judges.

Georg and Bernadette Schaeffler were previously married and filed a joint income tax return for the year 2002 on October 15, 2003. They later amended their 2002 tax return in April 2013 and claimed a refund for their overpayment. The Internal Revenue Service denied their claim as untimely. The Schaefflers then initiated this...

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