Bromagen v. United States

_ F'LED S-' ” l 3 2017 In the United States Court of Federal Claims U o 00un OF l EDERAL CLA|MS No. 17~537'1` (Filed: September 13, 201 7) NOT FOR PUBLICATION ***=!¢**=l¢=l=*$=!=-‘l=>i=>!==l==l=>l=*=i=*=i=**=i=*=i==l=*=f==i==l==f=*$$=!=* ERlCA B. BROMAGEN, * =i= Plaintiff, * RCFC lZ(e); Motion for a More Definite * Staternent', B E Plaintiff; Tax Refund; v. * Wrongful Levy; 26 U.S.C. § 7422(a); * Clintwood Elkhorn Minina Co.; Pennoni; Tl-IE UNITED STATES, * RCFC 9(m) >|= Defendant. * *’i=$$*=i=*$*$$*=!¢***=i=*****>l=*=i¢$=l¢=!¢$*=i=*>l<*=l=** ORI}ER On September 8, 2017, defendant in the above-captioned case filed a motion for a more definite statement pursuant to Rule lZ(e) of the Rules of the United States Court of Federal Clairns (“RCFC”). Defendant asserts that plaintiff, proceeding m Y, filed her lawsuit as a tax refund case, but did not include in her complaint the information required by RCFC 9(m) for such cases. lt therefore requests that the court direct plaintiff to file a more definite statement containing the required information As an initial matter, the court notes that although the cover sheet that plaintiff submitted With her complaint indicates that the nature of plaintiff s lawsuit Was “Tax - Income, lndividual,” plaintiff does not allege in her complaint that she is seeking a refund of income taxes that she paid to the Internal Revenue Service. Rather, plaintiff alleges: On April 17, 2013, the lnternal Revenue Service took funds in Plaintiff"s account at Bank of the West Bank in Cheyenne, Wyorning in the amount of $88,833.64 to set off against an asserted tax obligation of Plaintiff’ s parents. These funds belong to Plaintiff`, and Were and are in no Way responsible to set off against any obligation of Plaintiff’ s parents. Compl. 1 4. Plaintiff therefore “requests that this court issue an order to the Internal Revenue Service to restore the funds taken from Plaintiff"s bank account to Plaintif .” § 1l 5. In short, plaintiff alleges that the lnternal Revenue Service has Wrongfully levied the funds contained in her bank account The fact that plaintiff is not seeking a refund of the income taxes that she paid to the lnternal Revenue Service does not mean, however, that her claim for the return of funds is not subject to the same requirements as a tax refund suit. Section 7422 of the Internal Revenue Code provides: No suit or proceeding shali be maintained in any court for the recovery of any internal revenue tax alleged to have been erroneously or illegally assessed or collected, or of any penalty claimed to have been collected Without authority, Lof any sum alleged to have been excessive or in anv manner Wronafullv collected, until a claim for refund or credit has been duly filed With the [Internal Revenue Service], according to the provisions of law in that regard, and the regulations . , . established in pursuance thereof 26 U.S.C. § 7422(a) (20]6) (emphasis added). The United States Supreme Court has held that this statute should be interpreted expansively United States v. Ciintvvood Elkhorn Mining Co., 553 U.S. l, 7, 13 (20{)8). Thus, an individualJ such as plaintiff, Who seeks the return of funds ievied by the Internal Revenue Service (“any sum alleged to have been t . . vvrongfuiiy collected”) must comply With the requirements for filing tax refund suits. Accord Pennoni v. United States, 86 Fed. Ci. 351, 359 (2009) (“[T]he Supreme Court also specifically addressed the breadth of the ‘any sum’ language in section 7422 and held that . . . the taxpayers Were still required to file refund claims because section 7422(a) not only applies to suits for the recovery of ‘any internal revenue tax,’ but also ‘goes on to apply its prohibition against suit absent a proper refund claim to any sum alleged to have been excessive or in any manner Wrongfully collected.”’ (quoting Clintwood Elkhorn Mining Co., 553 U.S. at 13)) The requirements for filing a tax refund suit in the United States Court of Federai Clairns include compliance With RCFC 9(m), Wbich provides: Tax Refund Claim. ln pleading a claim for a tax refund, a party must include: (1) a copy of the claim for refund, and (2) a statement identifying (A) the tax year(s) for Which a refund is sought; (B) the amount, date, and place of each payment to be refunded; (C) the date and place the return Was filed, if any; (D) the name, address, and identification number (under seal) of the taxpayer(s) appearing on the return; (E) the date and place the claim for refund Was filed; and (F) the identification number (under seal) of each piaintiff, if different from the identification number of the taxpayer As defendant notes, plaintiff did not provide the information required by this rule. Specifically, plaintiff did not submit a copy of the ciaim for refund that she filed With the lnternal Revenue Serviee pursuant to RCFC 9(m)(l) or a statement containing ali of the information described in _2” RCFC 9(m)(2). Without the information required by RCFC 9(m), defendant Will not be able to appropriately respond to plaintiffs allegations Accordingly, for good cause shoWn, the court GRANTS defendant’s motion for a more definite statement Plaintiff shall file the more definite statement-Which shall include the information described in RCFC 9(m), by no later than Wednesday, October 4, 2017. Defendant shall than have until no later than Monday, December 4, 2017, to respond to plaintiff’ s complaint WIQW KOZ{@//- (.L{// YRET M. SWEENE IT IS SO ()RDERED. Judge