Legal Opinion

Johnson v. United States

District Court, N.D. New York

Decided November 10, 1967No. Civ. A. 10434PublishedCited by 2 opinions

1Opinion of the Court

OPINION

McLEAN, District Judge. *

This is an action pursuant to 28 U.S.C. § 1346(a) for refund of income taxes allegedly erroneously and illegally assessed against and collected from plaintiffs for the year 1957. Plaintiffs paid the assessment, under protest, on July 1, 1960, filed a claim for refund, and upon a disallowance of that claim, began this action. It is undisputed that the filing of the claim and the institution of suit were timely.

The action involves two wholly unrelated questions: (1) whether a gift made by plaintiffs to the Dunham Hollow West Stephentown Community Association was…

2Cases cited6 opinions

  1. Robert E. Austin and Marian H. Austin v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
  2. B. B. Margolis and Iris M. Margolis v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1964
  3. Howard W. Gault and Georgiana R. Gault v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1964
  4. Harry G. W. Voss and Mildred J. Voss v. United StatesCourt of Appeals for the Seventh Circuit · 1964
  5. Mustard v. United StatesUnited States Court of Claims · 1957

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

3Cited by2 opinions

  1. Jordan v. United StatesDistrict Court, W.D. Oklahoma · 1969
  2. Brotzler v. CommissionerUnited States Tax Court · 1982

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