Legal Opinion

Foster v. United States

District Court, S.D. New York

Decided June 25, 1963PublishedCited by 9 opinions

1Opinion of the Court

LEVET, District Judge.

This is a suit to recover refunds of federal income taxes erroneously paid for the taxable years 1953, 1954 and 1955. The claims of plaintiff are based upon the assertion that he was a non-resident for the required period and earned his income as a salary from the partnership Emerson Engineers of which he was a partner. Defendant asserts that plaintiff’s income for the respective years was derived as his partnership interest in Emerson Engineers. Jurisdiction is conferred upon this court by Title 28 U.S.C. § 1346. The case was tried to the court.

After hearing the…

2Cases cited7 opinions

  1. Seeley v. Commissioner of Internal Revenue. Seeley v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1951
  2. Napoli v. DomnitchAppellate Division of the Supreme Court of the State of New York · 1962
  3. Appeal of the Executors of the Estate of TiltonUnited States Board of Tax Appeals · 1927
  4. Napoli v. DomnitchNew York Supreme Court · 1962
  5. Pauli v. CommissionerUnited States Board of Tax Appeals · 1928

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

3Cited by9 opinions

  1. Thomas Browne Foster v. United StatesCourt of Appeals for the Second Circuit · 1964
  2. Anne L. And Tobin Armstrong v. R. L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1968
  3. Utelcom, Inc. v. EgrNebraska Supreme Court · 2002
  4. Vogt v. United StatesUnited States Court of Claims · 1976
  5. Foster v. CommissionerUnited States Tax Court · 1964

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

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