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  • Mt. Mansfield Television, Inc. v. United States, 342 F.2d 994, 2d Cir. (1965)

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    The United States Court of Appeals for the Second Circuit affirmed the district court's judgment against Mt. Mansfield Television, Inc. in its suit seeking to recover income tax deficiencies paid to the IRS for 1957 and 1958. The appellate court agreed with the district court's reasoned opinion that under Starr's Estate v. Commissioner, the taxpayer was not entitled to the tax recovery.

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    Filed: 1965-02-26 Precedential Status: Precedential Citations: 342 F.2d 994 Docket: 29352_1

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    The United States Court of Appeals for the Second Circuit affirmed the district court's judgment against Mt. Mansfield Television, Inc. in its suit seeking to recover income tax deficiencies paid to the IRS for 1957 and 1958. The appellate court agreed with the district court's reasoned opinion that under Starr's Estate v. Commissioner, the taxpayer was not entitled to the tax recovery.

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    Mt. Mansfield Television, Inc. v. United States, 342 F.2d 994, 2d Cir. (1965)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Second Circuit affirmed the district court's judgment against Mt. Mansfield Television, Inc. in its suit seeking to recover income tax deficiencies paid to the IRS for 1957 and 1958. The appellate court agreed with the district court's reasoned opinion that under Starr's Estate v. Commissioner, the taxpayer was not entitled to the tax recovery.

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    of 1

    342 F.

    2d 994
    65-1 USTC P 9270

    MT. MANSFIELD TELEVISION, INC., Plaintiff-Appellant,


    v.
    UNITED STATES of America, Defendant-Appellee.
    No. 344, Docket 29352.

    United States Court of Appeals Second Circuit.


    Submitted Feb. 19, 1965.
    Decided Feb. 26, 1965.

    A. Pearley Feen, Burlington, Vt., for plaintiff-appellant.


    Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter,
    Robert I. Waxman, Attorneys, Dept. of Justice (Joseph F. Radigan, U.S.
    Atty., District of Vermont, John H. Carnahan, Asst. U.S. Atty., of
    counsel), for defendant-appellee.
    Before WATERMAN, FRIENDLY and HAYS, Circuit Judges.
    PER CURIAM:

    Taxpayer seeks reversal of judgment below against taxpayer in its unsuccessful


    suit to recover a sum paid to the Internal Revenue Service as a deficiency
    income tax for the calendar years 1957 and 1958.

    The judgment for defendant is affirmed on the reasoned opinion of the district
    judge below, 239 F.Supp. 539 and on the authority of Starr's Estate v.
    Commissioner, 274 F.2d 294 (9 Cir.1959.)

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