Federal Tax Offsets of Defaulted Student Loans - How Long Is Too Long - Thomas v. Bennett

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Vogt, Karl D.

Issue Date

1989

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22

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Journal Article

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INTRODUCTION|In 1984 Congress enacted two statutes designed to facilitate the collection of debts owed to the government. These statutes enabled the federal government to reduce income tax refunds by the amount of the debt owed to the government. The statutes establish a procedure known as administrative offset to reduce the income tax refunds and forward the amount collected to the agency which is owed the debt. When the administrative offset procedure statutes were enacted Congress failed to indicate whether a statute of limitations would apply to the offset procedures. Because the administrative offset statutes contain no reference to a statute of limitations, the judicial system has been faced with the task of sorting through the statutory and common law principles involved to determine if a statute of limitations bars the collection of stale claims through the use of the administrative offset procedure...

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22 Creighton L. Rev. 1141 (1988-1989)

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Creighton University School of Law

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