Legal Opinion

Smith v. United States

District Court, S.D. Florida

Decided April 14, 1969No. 67-1133-CivPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

FULTON, Chief Judge.

The Plaintiffs, Dr. and Mrs. Smith, instituted this action against the United States for a refund of income taxes in the amount of $7,954.39 for the year 1965. They claim that said amount was collected from them erroneously in that the Commissioner determined that Dornberger Smith Ferayorni McKay Lauder-dale Group Professional Association (hereinafter referred to as the “Professional Association”) was taxable as a partnership, rather than as a corporation, and that a distributable share of the partnership income in the amount of $14,462.50 was accordingly…

2Cases cited16 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  3. Morrissey v. CommissionerSupreme Court of the United States · 1935
  4. Fawcus MacHine Co. v. United StatesSupreme Court of the United States · 1931
  5. Lykes v. United StatesSupreme Court of the United States · 1952

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3Cited by4 opinions

  1. Howard A. Kurzner and C. A. Kurzner v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  2. Edward J. Prescott and Wanda D. Prescott v. Commissioner of Internal Revenue, L. W. Simpson and Shirley Simpson v. United StatesCourt of Appeals for the Eighth Circuit · 1977
  3. Larson v. CommissionerUnited States Tax Court · 1976
  4. Larson v. CommissionerUnited States Tax Court · 1976

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