Legal Opinion

Parks v. United States

District Court, W.D. Pennsylvania

Decided October 17, 1996No. Civil Action 93-1156PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM ORDER

CINDRICH, District Judge.

Plaintiffs (“the Parks”) bring this action seeking a federal income tax refund in the amount of $48,606. This amount was paid as tax on $175,000 that they reported as a portion of the income from the sale of a home security business in 1988, but which they repaid in 1990 in settlement of fraud-related litigation arising out of the sale. The Parks seek the refund pursuant to 26 U.S.C. § 1341. That section permits refund in a later year of taxes paid in an earlier year on income to which the taxpayer appeared to have an unrestricted right, but ultimately…

2Cases cited7 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  3. Big Apple BMW, Inc. v. BMW of North America, Inc.Court of Appeals for the Third Circuit · 1992
  4. Herman E. And Mary E. McKinney v. United StatesCourt of Appeals for the Fifth Circuit · 1978
  5. Barrett v. CommissionerUnited States Tax Court · 1991

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Cinergy Corp. v. United StatesUnited States Court of Federal Claims · 2003

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