Legal Opinion

Payte v. United States

District Court, N.D. Texas

Decided January 8, 1979No. Civ. A. 4-76-344-EPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

MAHON, District Judge.

This lawsuit is a civil action for the refund of Federal income taxes pursuant to 28 U.S.C. § 1346(a)(1). The case is before the Court on cross-motions for summary judgment.

Plaintiff Samuel Payte was involved in two business partnerships with E. L. Baker and Irwin Krauss which dealt in real estate joint ventures for the development of commercial and residential property. In 1968 the plaintiff and his two business partners executed an agreement among themselves that in the event of the death of one of the partners, the two surviving partners would…

2Cases cited13 opinions

  1. United States v. GilmoreSupreme Court of the United States · 1963
  2. Woodward v. CommissionerSupreme Court of the United States · 1970
  3. Coors v. CommissionerUnited States Tax Court · 1973
  4. United States v. Philip K. Smith, United States of America v. McIver & Smith Fabricators, Inc.Court of Appeals for the Fifth Circuit · 1969
  5. Imel v. CommissionerUnited States Tax Court · 1973

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3Cited by1 opinion

  1. Samuel G. Payte v. United StatesCourt of Appeals for the Fifth Circuit · 1980

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