Legal Opinion

John Thomas Fairchild v. United States

Court of Appeals for the Fifth Circuit

Decided January 25, 1957No. 16095_1PublishedCited by 36 opinions

1Opinion of the Court

BORAH, Circuit Judge.

This is an appeal by the taxpayer from a judgment of the District Court for the Southern District of Mississippi rejecting his claim for refund of $35,694.71 which was paid on March 26, 1955, to the U. S. Director of Internal Revenue under a jeopardy assessment consisting of an income tax deficiency for the year 1945 in the amount of $17,086.36, plus fraud penalty and interest.

In his complaint, as in his claim for refund which had been disallowed in full, the taxpayer alleged: (1) that on the date of assessment, June 9, 1954, the statute of limitations had run against the…

2Cases cited7 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Holland v. United StatesSupreme Court of the United States · 1955
  3. Mitchell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1941
  4. United States v. CalderonSupreme Court of the United States · 1954
  5. Sam Goldberg v. Commissioner of Internal Revenue, Sam Goldberg and Estate of Evelyn Goldberg, Sam Goldberg v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1956

2 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Bolen Webb and Cornelia Webb v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1968
  2. Vincent Cefalu and Frances P. Cefalu v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1960
  3. B. B. Carter and Mrs. Tommie v. Carter v. Ellis Campbell, Jr., Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1959
  4. Kenneth Poy Lee and Chow Joy Lee v. United StatesCourt of Appeals for the Fifth Circuit · 1972
  5. Estate of Mazzoni v. CommissionerCourt of Appeals for the Third Circuit · 1971

31 more not listed; retrieve them via the Exa API.

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