UKP Holdings, Inc. v. United States of America

Justia Dockets & Filings Second Circuit New York Eastern District UKP Holdings, Inc. v. United States of America

UKP Holdings, Inc. v. United States of America

Plaintiff:	UKP Holdings, Inc.
Defendant:	United States of America
Case Number:	1:2015cv06431
Filed:	November 10, 2015
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Raymond J. Dearie
Presiding Judge:	Roanne L. Mann
Nature of Suit:	Taxes
Cause of Action:	26 U.S.C. § 7422 IRS: Refund Taxes
Jury Demanded By:	None

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Date Filed	Document Text
April 6, 2018	Filing 45 MEMORANDUM AND ORDER: The Government has satisfied the Court that there are no issues of material fact to be tried, and that it is entitled to judgment as a matter of law. While we are sympathetic to the financial impact that this holding has on UKP, it is clear to us that UKP failed to make a validformal or informal refund claim prior to the expiration of the statute of limitations, and that in any event, UKP's reliance on certain statements made by the IRS was unreasonable. As a result, t he Government has not waived its sovereign immunity and we do not have jurisdiction over this unfortunate dispute. The Government's motion for summary judgment is granted. UfCP's cross-motion is dismissed. SO Ordered by Judge Raymond J. Dearie on 4/6/2018. (Ramesar, Thameera)

Date Filed

Document Text

April 6, 2018

Filing 45 MEMORANDUM AND ORDER: The Government has satisfied the Court that there are no issues of material fact to be tried, and that it is entitled to judgment as a matter of law. While we are sympathetic to the financial impact that this holding has on UKP, it is clear to us that UKP failed to make a validformal or informal refund claim prior to the expiration of the statute of limitations, and that in any event, UKP's reliance on certain statements made by the IRS was unreasonable. As a result, t he Government has not waived its sovereign immunity and we do not have jurisdiction over this unfortunate dispute. The Government's motion for summary judgment is granted. UfCP's cross-motion is dismissed. SO Ordered by Judge Raymond J. Dearie on 4/6/2018. (Ramesar, Thameera)

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Plaintiff: UKP Holdings, Inc.
Represented By:	T. Barry Kingham
Represented By:	Kevin Meehan
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Defendant: United States of America
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