Qureshi v. United States

67 Fed. Cl. 783, 96 A.F.T.R.2d (RIA) 5949, 2005 U.S. Claims LEXIS 257, 2005 WL 2100906
CourtUnited States Court of Federal Claims
DecidedAugust 31, 2005
DocketNo. 04-382T
StatusPublished
Cited by3 cases

This text of 67 Fed. Cl. 783 (Qureshi v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Qureshi v. United States, 67 Fed. Cl. 783, 96 A.F.T.R.2d (RIA) 5949, 2005 U.S. Claims LEXIS 257, 2005 WL 2100906 (uscfc 2005).

Opinion

MEMORANDUM OPINION AND FINAL ORDER

BRADEN, Judge.

This case concerns the automatic statutory application of the Alternative Minimum [Federal Income] Tax (“Alternative Minimum Tax”). See 26 U.S.C. § 55(a).

RELEVANT FACTS AND PROCEDURAL BACKGROUND1

On March 10, 2004, Plaintiff, proceeding pro se, filed a Complaint in the United States Court of Federal Claims seeking a refund of federal income taxes for the 2002 tax year. The Complaint alleges a “failure to release [Plaintiffs] income tax refund for the year 2002 for taxes already paid in violation of IRS Policies P-2-10, P-4-7 and P-4-ll[.]” Compl. at 1. The Complaint seeks a refund of federal income taxes in the amount of $3,744.00 and interest in the amount of $84,689.28. Id. In addition, the Complaint seeks $360,000.00 for damages allegedly incurred as a result of a delay in processing Plaintiffs 2002 federal income tax refund. See PI. Cross-Mot. S.J. at 4-5 (unnumbered).

On April 15, 2003, Plaintiff timely filed a federal income tax return for the 2002 tax year, reporting: adjusted gross income of $67,490.14; itemized deductions of $26,681.07; an exemption of $3,000.00; and taxable income of $37,809.07. See Gov’t App. B at 6-8. Plaintiff reported a total federal tax liability of $6,559.00; $10,303.01 of withheld income and excess FICA taxes; and requested a refund of $3,744.01. Id. at 7. No liability for the Alternative Minimum Tax was reported. Id.

Total itemized deductions reported for 2002 included state and local income taxes of $5,158.00 and $26,681.07 (net of the 2% floor of $1,349.80) of total miscellaneous deductions, including union dues, tuition, legal fees, and transportation expenses. Id. On the return, however, Plaintiff failed to include an [785]*785additional $5,158.00 in state and local taxes paid and reported only $26,681.07 in total itemized deductions. Id.

The Internal Revenue Service (“IRS”) selected Plaintiffs 2002 federal income tax return for examination. See Gov’t App. B at 12. During the examination, the IRS increased Plaintiffs total itemized deductions by $5,158.00 to correct Plaintiffs failure to include that amount. Id. at 17. This reduced Plaintiffs adjusted gross income from $37,809.07, as originally reported, to $32,651.00. Id.2 As a result, Plaintiffs federal income tax liability for 2002 was revised to $5,168.00. Id. The IRS also determined that Plaintiffs income was subject to the Alternative Minimum Tax3 in the amount of $2,801.00. Id. Therefore, IRS added $2,801.00 to Plaintiffs revised regular federal income tax liability, for a total corrected federal income tax liability of $7,969.00. Id. This reduced the amount of Plaintiffs overpayment by $1,410.00, to $2,334.01. Id.

On March 11, 2004, the IRS issued a Notice of Deficiency in the amount of $1,410.00. See Gov’t App. B at 13-16. Plaintiff did not file a Petition for Redetermination in the United States Tax Court.4 Therefore, on August 9, 2004, the IRS assessed Plaintiff $1,410.00 in additional income tax for 2002. Id. at 24.

The Government has conceded that Plaintiff is entitled to recover an overpayment of $2,334.00, plus applicable interest thereon. See Gov’t Mot. Partial S.J. at 5 n. 4; see also Pl. Resp. at 2. During an August 16, 2005 status conference, the Government also indicated that it had approved a partial settlement of this portion of Plaintiffs claim and that payment would be forthcoming. Therefore, the issues remaining for the court’s disposition are: whether Plaintiff is liable for Alternative Minimum Tax for the 2002 tax year; and whether Plaintiff is entitled to recover $360,000 for damages allegedly caused by the IRS’ delay in processing the 2002 federal income tax return at issue.

DISCUSSION

A. Jurisdiction.

The United States Court of Federal Claims has jurisdiction to adjudicate federal tax refund suits. See 28 U.S.C. § 1346(a)(1); 28 U.S.C. § 1491(a)(1); see also New York Life Ins. Co. v. United States, 118 F.3d 1553, 1558 (Fed.Cir.1997) (reaffirming the jurisdiction of the United States Court of Federal Claims over a suit concerning a federal tax refund). A jurisdictional prerequisite for adjudicating a tax refund suit is that the taxpayer make full payment of the tax liability, penalties, and interest. See Flora v. United States, 362 U.S. 145, 163, 80 S.Ct. 630, 4 L.Ed.2d 623 (1960) (holding that a taxpayer must pay the full amount of income tax deficiency assessed before challenging its correctness in a refund forum).

In addition, the United States Court of Federal Claims has jurisdiction to “render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.” 28 U.S.C. § 1491(a)(1). In United States v. Mitchell, 445 U.S. 535, 538, 100 S.Ct. 1349, 63 L.Ed.2d 607 (1980), the United States Supreme Court, however, held that 28 U.S.C. § 1491(a)(1) does not create any substantive right to monetary damages. Therefore, a complaint filed in the court must identify and plead an independent contractual relationship, constitutional provision, federal statute, [786]*786and/or executive agency regulation that provides a substantive right to money damages in order for the court to have jurisdiction. See Khan v. United States, 201 F.3d 1375, 1377 (Fed.Cir.2000) (“[T]o invoke jurisdiction under the Tucker Act, a plaintiff must identify a contractual relationship, constitutional provision, statute, or regulation that provides a substantive right to money damages.”).

In this case, Plaintiff paid the $1,410.00 tax deficiency at issue. Therefore, the court has jurisdiction over Plaintiffs refund claim.

B. The Pleading Requirements For A Pro Se Plaintiff.

Traditionally, a pro se plaintiffs pleadings have been held to a less stringent standard than a litigant represented by counsel. See Hughes v. Rowe, 449 U.S. 5, 9, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980) (holding that pro se plaintiffs are entitled to latitude). The United States Court of Federal Claims has a well-established tradition of exercising discretion “to see if [a pro

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788 F.3d 834 (Eighth Circuit, 2015)
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Bluebook (online)
67 Fed. Cl. 783, 96 A.F.T.R.2d (RIA) 5949, 2005 U.S. Claims LEXIS 257, 2005 WL 2100906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/qureshi-v-united-states-uscfc-2005.