Houghmaster v. United States of America
||United States of America
||December 8, 2017
||US District Court for the Northern District of New York
||David E. Peebles
||Frederick J. Scullin
|Nature of Suit:
||Taxes (US Plaintiff or Defendant)
|Cause of Action:
|Jury Demanded By:
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|January 15, 2020
ORDER granting 11 Motion to Dismiss with prejudice Pltfs claim for refund of $5,006.00 from 2012 tax year and further granting without prejudice with leave to amend Pltfs claim for refund of earned income credit of $4,466.00 from 2015 ta x year. Leave to amend the complaint to include allegation that Pltf submitted Form 8862 and thus has complied with IRS antifraud provision. The amended complaint shall be filed within 10 days from that date of this order. This case is referred to Magistrate Judge Baxter for all further pretrial proceedings.. Signed by Senior Judge Frederick J. Scullin, Jr on 1/15/2020. (bjw, )
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