Legal Opinion

Tumbarello v. United States

United States Court of Claims

Decided September 19, 1989No. 209-84 TPublished

1Opinion of the Court

OPINION

RADER, Judge.

In this income tax case, plaintiff seeks a refund of $25,238.47 for tax years 1981 and 1982. Defendant has counterclaimed for unpaid taxes in tax year 1982.

Plaintiff is a member of the Order of St. Matthew. As a member of this religious order, he obeys the vow of poverty. Plaintiff claims that his religious obligations render him exempt from tax on income from his work as a carrier for the New York News and the New York Times.

Defendant now moves for summary judgment. After a status conference and consideration of the briefs, this court grants defendant’s motion and…

2Cases cited5 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
  3. Christian Echoes National Ministry, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1973
  4. The Reverend Gerald P. Fogarty, S.J. v. The United StatesCourt of Appeals for the Federal Circuit · 1986
  5. Jerome G. Kircher, O.F.M., and Valens Waldschmidt, O.F.M. v. The United StatesCourt of Appeals for the Federal Circuit · 1989

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