Legal Opinion
Sea Products, Inc. v. United States
District Court, W.D. Washington
Decided November 30, 1983No. C83-66MPublishedCited by 2 opinions
1Opinion of the Court
ORDER GRANTING UNITED STATES’ MOTION TO DISMISS AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
McGOVERN, Chief Judge.
Plaintiff brings this action to recover $9,744 it overpaid to the IRS because of a mistake made by its return preparer. In 1976, Plaintiff sold its fishing boat realizing a taxable gain of $104,861 of which $29,900 was “section 1245” ordinary income and $74,961 “section 1231” long-term capital gain. Plaintiff’s return preparer filled out “Form 4626, Computation of Minimum Tax" and reported a minimum tax on tax preferences of $9,744. The preparer evidently calculated the…
2Cases cited3 opinions
- United States v. Felt & Tarrant Manufacturing Co.Supreme Court of the United States · 1931
- West Publishing Co. Employees' Preferred Stock Ass'n v. United StatesUnited States Court of Claims · 1972
- Shelter Island & Greenport Ferry Co. v. United StatesDistrict Court, E.D. New York · 1965
3Cited by2 opinions
- In re Long-Distance Telephone Service Federal Excise Tax Refund LitigationCourt of Appeals for the D.C. Circuit · 2008
- In Re Long-Distance Tele. Serv. Fed. Excise TaxDistrict Court, District of Columbia · 2008