Legal Opinion

Albert L. Vitter, Jr. And Oliver J. Counce v. United States

Court of Appeals for the Fifth Circuit

Decided August 5, 1960No. 18244_1PublishedCited by 16 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The problem dealt with here is liability for the excise tax 1 on payment of initiation fees as a condition precedent to becoming a member of the New Orleans Country Club. There are no disputed issues of fact, and summary judgment, all agree, was a proper method of disposition of the Taxpayers’ 2 refund suit. The controversy is confined to whether the District Court’s decision against the Taxpayers and in favor of the Government was correct.

Not the first dues-paying-taxpaymg country-club member dissatisfied with such a handicap, Taxpayer appeals on three main…

Also in this document: Dissent.

2Cases cited18 opinions

  1. Commissioner v. FlowersSupreme Court of the United States · 1946
  2. Boehm v. CommissionerSupreme Court of the United States · 1945
  3. Helvering v. R. J. Reynolds Tobacco Co.Supreme Court of the United States · 1939
  4. Helvering v. WinmillSupreme Court of the United States · 1938
  5. White v. United StatesSupreme Court of the United States · 1938

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

3Cited by16 opinions

  1. Redwing Carriers, Inc. v. TomlinsonCourt of Appeals for the Fifth Circuit · 1968
  2. Samuel N. Bicknell v. United StatesCourt of Appeals for the Fifth Circuit · 1970
  3. Angus McDonald v. United StatesCourt of Appeals for the Sixth Circuit · 1963
  4. Redwing Carriers, Inc. v. TomlinsonCourt of Appeals for the Fifth Circuit · 1968
  5. Edgewood County Club v. United StatesDistrict Court, S.D. West Virginia · 1962

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

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