Legal Opinion

Melton v. Kurtz

Court of Appeals for the Fifth Circuit

Decided June 21, 1978No. 77-3045PublishedCited by 7 opinions

1Per curiam

Taxpayer, Rosser B. Melton, Jr., filed suit in federal district court against Donald Alexander, the Commissioner of Internal Revenue, Leonard Semrick, District Director, Carol Keller, Group Manager, and Cecil Barnes, Internal Revenue Agent, as individual defendants, requesting a declaration that certain federal tax statutes were unconstitutional and an injunction to prevent the Commissioner from assessing and collecting taxes from him. Defendants filed a motion for summary judgment based on numerous grounds. The district court granted the motion stating “[ajfter carefully considering the…

2Cases cited3 opinions

  1. Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
  2. Garner v. United StatesSupreme Court of the United States · 1976
  3. Nash Miami Motors, Inc., and Sydney Ginsberg v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1966

3Cited by7 opinions

  1. Alton M. Parker, Sr. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1984
  2. Joseph E. Simanonok v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1984
  3. Darrell G. Motes v. United StatesCourt of Appeals for the Eleventh Circuit · 1986
  4. Leslie E. Knighten v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1983
  5. Melton v. KurtzCourt of Appeals for the Fifth Circuit · 1978

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