Legal Opinion

Timms v. United States

Court of Appeals for the Ninth Circuit

Decided June 4, 1982No. 80-5726PublishedCited by 9 opinions

1Opinion of the Court

REINHARDT, Circuit Judge.

Plaintiff taxpayers entered into a settlement agreement with the Government with respect to contested employment taxes. A provision of the settlement agreement, which the taxpayers argue entitles them to a refund of all taxes paid pursuant to the agreement, is disputed. On cross motions for summary judgment, the district court adopted the taxpayers’ interpretation of the agreement and ordered a refund. The Government appealed. We reverse.

The facts are undisputed. Between 1970 and 1976 the taxpayers, related entities and an individual that market gasoline, classified…

2Cases cited2 opinions

  1. United States v. LaneCourt of Appeals for the Fifth Circuit · 1962
  2. United States v. Bernard Feinberg, Administrator of the Estate of Joseph Saladoff, DeceasedCourt of Appeals for the Third Circuit · 1967

3Cited by9 opinions

  1. United States v. John Joseph Vaccaro, and Rochelle Bell, Doing Business as Bell Bail Bonds, Real Party in Interest-AppellantCourt of Appeals for the Ninth Circuit · 1995
  2. Dutton v. Comm'rUnited States Tax Court · 2004
  3. Clapp v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1989
  4. Waller v. United StatesDistrict Court, E.D. California · 1991
  5. Timms v. United StatesCourt of Appeals for the Ninth Circuit · 1982

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