Austin v. United States

HATCHETT, Circuit Judge:

Taxpayer appeals a district court judgment in a $21,461 tax refund case dismissing the action for failure to state a claim. Taxpayer alleges that the Internal Revenue is attempting to retroactively apply minimum tax statutes in deprivation of taxpayer’s due process and equal protection rights. Finding no constitutional deprivation and no claim upon which relief may be granted, we affirm.

Taxpayer, on December 10, 1970, received a long term capital gain of $1,162,964 in a liquidation transaction involving a Liberian corporation consummated in the Bahamas. The transaction…