Leslie B. Combs II v. United States

MERRITT, Circuit Judge.

This is a suit for the refund of $28,575.80 in federal income taxes, plus deficiency interest of $5,513.96 paid by taxpayer Combs for the year 1969. The appeal raises a “collapsible corporation” question under § 341 of the Internal Revenue Code. After a jury verdict was rendered in favor of the government, the District Court at first denied taxpayer’s motion for judgment notwithstanding the verdict but then reversed itself and entered judgment for the taxpayer, 490 F.Supp. 22. We believe that the jury verdict was correct and that the District Court erred in setting it…