Apollo Fuel Oil v. United States
Court of Appeals for the Second Circuit
1Per curiam
Plaintiff Apollo Fuel Oil (“Apollo”) appeals from a judgment entered in the United States District Court for the Eastern District of New York, following a trial on consent pursuant to 28 U.S.C. § 636(c)(1) (1994) before Roanne L. Mann, Magistrate Judge, dismissing Apollo’s complaint seeking the refund of a tax penalty imposed by the Internal Revenue Service (“IRS”) pursuant to 26 U.S.C. § 6715(a)(2) (Supp. Ill 1997). The penalty was imposed on the ground that Apollo knowingly held tax-exempt fuel for the taxable use of fueling a highway vehicle. On appeal, Apollo contends principally that the…
2Cases cited11 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Welch v. HelveringSupreme Court of the United States · 1933
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- New York v. BurgerSupreme Court of the United States · 1987
- United States v. Yellow Cab Co.Supreme Court of the United States · 1949
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