Poinier v. Commissioner
United States Tax Court
Held, the amount of an appeal bond under sec. 7485, I.R.C. 1954, may not be reduced by the amount of any pending claims for refund. Held, further, "stripped" U.S. obligations may not be used as collateral in lieu of a surety bond under 31 U.S.C. sec. 9303 (1982).
1Opinion of the Court
OPINION
TANNENWALD, Judge:
On August 24, 1987, decisions were entered in these cases pursuant to our opinion filed on March 27, 1986. Subsequently, petitioners filed a timely motion to vacate decisions which was denied on November 3, 1987. Petitioners have moved for an order fixing the amount of an appeal bond pursuant to Rule 1921 and section 7485.2 Respondent requests us to fix the amount of the bond at $5,544,933. Petitioners do not dispute respondent’s request as far as it goes, but claim that the amount of the bond should be reduced by $2,950,502 to reflect certain claims for income tax…
2Cases cited13 opinions
- Lewis v. ReynoldsSupreme Court of the United States · 1932
- Cherry Cotton Mills, Inc. v. United StatesSupreme Court of the United States · 1946
- Commissioner v. Estate of NoelSupreme Court of the United States · 1965
- Missouri Pacific Railroad Company v. The United StatesUnited States Court of Claims · 1964
- Luther v. United StatesCourt of Appeals for the Tenth Circuit · 1954
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Estate of Schneider v. CommissionerUnited States Tax Court · 1989
- Poinier v. CommissionerUnited States Tax Court · 1991
- Estate of Schneider v. CommissionerUnited States Tax Court · 1989
- Poinier v. CommissionerUnited States Tax Court · 1991
- Poinier v. CommissionerUnited States Tax Court · 1988