Freesen v. Commissioner
United States Tax Court
A decision of the Tax Court for respondent was reversed on appeal, and petitioners sought to recover the cost of premiums paid for bonds pursuant to sec. 7485, I.R.C. 1954. Held, the cost of the premiums is not a cost enumerated in 28 U.S.C. sec. 1920 and, therefore, 28 U.S.C. sec. 2412 does not authorize such cost to be awarded against the United States.
1Opinion of the Court
OPINION
GOFFE, Judge:
This case is presently before the Court on petitioners’ motion for costs pursuant to rule 39, Federal Rules of Appellate Procedure.2 In Freesen v. Commissioner, 84 T.C. 920 (1985), Freesen Equipment Co., a subchapter3 S corporation of which petitioners were the sole shareholders, entered into several joint venture agreements with Freesen, Inc., with respect to topsoil removal activities at several mine sites. Freesen Equipment Co. subsequently purchased heavy construction equipment for performance of the agreed topsoil removal activities. Under the terms of the joint…
2Cases cited25 opinions
- United States v. TurketteSupreme Court of the United States · 1981
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
- United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
- Rosewell v. LaSalle National BankSupreme Court of the United States · 1981
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3Cited by2 opinions
- Federal Trade Commission v. KuykendallCourt of Appeals for the Tenth Circuit · 2006
- Freesen v. CommissionerUnited States Tax Court · 1987