Legal Opinion

Lapin v. United States

District Court, D. Hawaii

Decided March 18, 1987No. Civ. No. 81-0213PublishedCited by 1 opinion

1Opinion of the Court

DECISION ON MOTION FOR SUMMARY JUDGMENT, AS PERTAINS TO 26 U.S.C. § 265(1)

PENCE, Senior District Judge.

In 1981, Plaintiff commenced this action in this Court seeking a refund for certain income taxes paid to defendant United States for tax year 1975. As a federal employee living in Hawaii during that year, plaintiff had received a cost of living allowance (“COLA”) in addition to his regular salary. Although COLA is exempt from federal income taxes, it is subject to Hawaii *1345income taxes. Plaintiff claimed a deduction on his 1975 federal income tax return for the entire amount of his Hawaii…

2Cases cited11 opinions

  1. United States v. Frank J. MaybusherCourt of Appeals for the Ninth Circuit · 1984
  2. Loumar, Inc. v. Charles Smith and Michael J. Smith, Individually and D/B/A S & S SupplyCourt of Appeals for the Fifth Circuit · 1983
  3. Marsman v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1953
  4. Marsman v. CommissionerUnited States Tax Court · 1952
  5. Hawaiian Trust Company Limited v. United StatesCourt of Appeals for the Ninth Circuit · 1961

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3Cited by1 opinion

  1. Rodríguez v. Secretario de HaciendaSupreme Court of Puerto Rico · 1994

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