Legal Opinion

E.H. Mosher, Sr. v. Internal Revenue Service

Court of Appeals for the Fifth Circuit

Decided October 31, 1985No. 84-1918PublishedCited by 25 opinions

1Per curiam

This case is an appeal to determine whether the district court properly granted summary judgment against the. appellant who was assessed a civil penalty under section 6702 of the Internal Revenue Code of 1954 for filing a frivolous tax return. Because we find that the civil penalty was properly assessed, we affirm.

I

The facts in this case are not disputed. On or about April 14, 1983, E.H. Mosher, Sr., the appellant, filed an IRS Form 1040 purporting to be a federal income tax return for 1982. Mosher had filled out the form, claiming a refund of $2,043.85 but crossed out the following language…

2Cases cited11 opinions

  1. Arnett v. KennedySupreme Court of the United States · 1974
  2. Maud Lee THORNBROUGH, Jr., Plaintiff-Appellant, v. COLUMBUS AND GREENVILLE RAILROAD COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1985
  3. Lucas v. Pilliod Lumber Co.Supreme Court of the United States · 1930
  4. United States v. John Paul MalinowskiCourt of Appeals for the Third Circuit · 1973
  5. Leslie E. Knighten v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1983

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

3Cited by25 opinions

  1. Donna L. Todd v. United States of America and R.S. Wintrode, Jr., District Director, Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1988
  2. Williams v. CommissionerUnited States Tax Court · 2000
  3. United States v. Donald W. Dawes and Phyllis C. DawesCourt of Appeals for the Tenth Circuit · 1989
  4. Warren v. United StatesCourt of Appeals for the Fifth Circuit · 1989
  5. Sloan v. CommissionerUnited States Tax Court · 1994

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

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