Doan v. Internal Revenue Service et al
| Cuong Doan |
| Internal Revenue Service and Department of Treasury |
| 5:2009cv00541 |
| December 15, 2009 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| James C. Fox |
| None |
| 26 U.S.C. ยง 7422 IRS: Refund Taxes |
| None |
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Filing
23
JUDGMENT: IT IS ORDERED AND ADJUDGED that the Governments Motion to Dismiss is ALLOWED for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1), Fed.R.Civ.P. Doan failed to exhaust his administrative remedies under 26 U.S.C. § 7422(a) . It also appears that Doans claims are barred by the applicable statutes of limitations, 26 U.S.C. § 6511. This action, therefore, is DISMISSED. Any other pending motions are DENIED as moot. The Clerk of Court is DIRECTED to close this case. Signed by Dennis Iavarone, Clerk of Court by Susan Edwards, Deputy on 1/26/2011. Copies served as listed in this matter. (Edwards, S.)
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