What remedies are available to a plaintiff in a personal injury case where he claims that he has overpaid his tax return?
MultiRegion, United States of America
The following excerpt is from Sokolow v. U.S., 169 F.3d 663 (9th Cir. 1999):
Sokolow argues that he has no remedy, because he cannot raise his statute of limitations defense in a refund suit. The issue for decision in a refund suit is "whether the taxpayer has overpaid his tax." Lewis v. Reynolds, 284 U.S. 281, 283, 52 S.Ct. 145, 76 L.Ed. 293, as modified, 284 U.S. 599, 52 S.Ct. 264, 76 L.Ed. 514 (1932).
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