United States v. Jeffrey Page
United States Court of Appeals for the Ninth CircuitSeptember 12, 202421-17083California4,154 words
Opinion
Opinion
DESAI, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-17083
Plaintiff-Appellant, D.C. No. 3:20-cv-08072- v. JAT
JEFFREY S. PAGE, ORDER AND
AMENDED
Defendant-Appellee. OPINION
Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding
Argued and Submitted September 11, 2023 Phoenix, Arizona
Filed June 26, 2024 Amended September 12, 2024
Before: Ronald M. Gould, Andrew D. Hurwitz, and Roopali H. Desai, Circuit Judges.
Order; Opinion by Judge Desai SUMMARY*
Tax
The panel reversed the district court’s dismissal, as time- barred, of a complaint brought by the United States to recover an erroneous tax refund, and remanded. Due to a clerical error, the Internal Revenue Service (“IRS”) mailed taxpayer a tax refund check in excess of what it should have been. Taxpayer eventually returned only a portion of the refund. The government sued under 26 U.S.C. § 7405 to recover the outstanding balance. After taxpayer did not answer or appear,…