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15-6431 - UKP Holdings, Inc. v. United States of America

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15-6431 - UKP Holdings, Inc. v. United States of America
April 6, 2018
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MEMORANDUM AND ORDER: The Government has satisfied the Court that there are no issues of material fact to be tried, and that it is entitled to judgment as a matter of law. While we are sympathetic to the financial impact that this holding has on UKP, it is clear to us that UKP failed to make a validformal or informal refund claim prior to the expiration of the statute of limitations, and that in any event, UKP's reliance on certain statements made by the IRS was unreasonable. As a result, the Government has not waived its sovereign immunity and we do not have jurisdiction over this unfortunate dispute. The Government's motion for summary judgment is granted. UfCP's cross-motion is dismissed. SO Ordered by Judge Raymond J. Dearie on 4/6/2018. (Ramesar, Thameera)