Larson v. United States Of America

Larson v. United States Of America

Plaintiff:	John M Larson
Defendant:	United States Of America
Case Number:	1:2016cv00245
Filed:	January 13, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Valerie E. Caproni
Nature of Suit:	Taxes (US Plaintiff or Defendant)
Cause of Action:	28 U.S.C. § 1346
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
December 28, 2016	Filing 32 MEMORANDUM OPINION AND ORDER re: 23 MOTION to Dismiss . filed by United States Of America. For the foregoing reasons, this Court GRANTS the Government's motion to dismiss the complaint in its entirety. Because this Court lacks subject matter jurisdiction over the case, this Court DENIES Larson's request for discovery relating to the penalty payments made by copromoters. Because Larson is not the "prevailing party" in this case, this Court also DISMISSES L arson's claim for attorney's fees. See 26 U.S.C. § 7430 (awarding costs and fees to the "prevailing party"). The Clerk of Court is respectfully directed to close the case. (Signed by Judge Valerie E. Caproni on 12/28/2016) (kgo)

Date Filed

Document Text

December 28, 2016

Filing 32 MEMORANDUM OPINION AND ORDER re: 23 MOTION to Dismiss . filed by United States Of America. For the foregoing reasons, this Court GRANTS the Government's motion to dismiss the complaint in its entirety. Because this Court lacks subject matter jurisdiction over the case, this Court DENIES Larson's request for discovery relating to the penalty payments made by copromoters. Because Larson is not the "prevailing party" in this case, this Court also DISMISSES L arson's claim for attorney's fees. See 26 U.S.C. § 7430 (awarding costs and fees to the "prevailing party"). The Clerk of Court is respectfully directed to close the case. (Signed by Judge Valerie E. Caproni on 12/28/2016) (kgo)

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Plaintiff: John M Larson
Represented By:	Megan Lynn Brackney
Represented By:	Carl Wells Hall
Represented By:	Reed Jeremy Hollander
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Defendant: United States Of America
Represented By:	Andrew Edward Krause
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