Murray v. United States
| Decision Date | 19 July 1961 |
| Docket Number | No. 5817.,5817. |
| Citation | 292 F.2d 602 |
| Parties | James S. MURRAY, Etc., Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee. |
| Court | U.S. Court of Appeals — First Circuit |
James M. Kendrick, Boston, Mass., for appellant.
Earl J. Silbert, Atty., Dept. of Justice, Washington, D. C., with whom Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Melva M. Graney, Attys., Dept. of Justice, Washington D. C., W. Arthur Garrity, Jr., U. S. Atty., and James C. Heigham, Asst. U. S. Atty., Boston, Mass., were on the brief, for appellee.
Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.
This is an appeal from a judgment of the United States District Court for the District of Massachusetts entered for the defendant, the United States of America. Plaintiff-appellant, James S. Murray, individually and as executor of the estate of Elsie Murray,1 sued to recover a refund in the amount of $15,725.06 paid by plaintiff as income tax of $8,897.55 and interest of $6,827.51 for the calendar years 1943 to 1951 inclusive or other years.
The background of the case as stipulated or otherwise evidenced in the record is as follows. In 1951 plaintiff was allowed a net operating loss carryback from 1949 to 1947 which resulted in an overpayment of $33,353.56 for the then assessed 1947 taxes. Part of this amount was credited to unpaid tax amounts for various years and a refund check was issued on January 12, 1951 for the amount remaining after such credits, namely $6,317.43. This check was endorsed by plaintiff to the order of the Collector of Internal Revenue. The sum of $27.86 was deducted as interest already due and the balance represented part payment of an additional assessment for the calendar year 1947. The balance was entered on the records of the District Director of Internal Revenue as a credit (sic) and payment on 1943 although no such amount was owed by plaintiff on taxes for that year. On August 3, 1951 an additional assessment for the calendar year 1947 was made against plaintiff. On October 31, 1951 plaintiff paid by check $2,500 from which was deducted interest of $373.05, leaving a balance of $2,126.95. This amount was applied on the records of the District Director to the tax year 1945, although at the time the records revealed that 1945 was paid in full. A refund for the year 1948 of $481.03 was paid to the District Director's office on May 13, 1952. This amount also was applied on the records to the tax year 1945 although, again, no amount was then due for that year.
On February 20, 1953 the total amount of $8,897.55 was transferred by the Internal Revenue Service from the account of plaintiff to the account of his sister-in-law, Margaret Murray. On May 10, 1957 the plaintiff paid $8,897.55 in tax plus interest of $6,827.51. The total amount of $15,725.06 was applied to fully pay the amounts plaintiff owed on the additional assessments for 1947 and 1948. On June 3, 1957 plaintiff filed with the District Director his duly executed claim for refund, afterward amended. The amended claims for refund were rejected in full by the Internal Revenue Service on May 14, 1959. Thereafter this action was instituted.
The additional assessments asserted against plaintiff were based on an understatement of income of plaintiff's business for various years 1943-1948. Under a partnership agreement the estate of plaintiff's brother, Francis, was to receive a share of the profits of the business. Therefore, based on the activities of the partnership, deficiency assessments were also asserted against Margaret Murray, Francis' widow and administratrix of his estate.
The issue before the district court was whether or not the transfer of credit to the account of Margaret Murray was made with the plaintiff's consent. The district court placed the burden on the plaintiff to prove that he did not consent to the transfer and concluded on the evidence before it that plaintiff had consented to the transfer.
Plaintiff makes various contentions that the evidence does not support a conclusion that plaintiff consented to the...
To continue reading
Request your trial
-
United States v. Nesline, Civ. A. No. M-79-1768.
...v. Conry, 631 F.2d 599, 600 (9th Cir.1980) (per curiam); Yagoda v. C.I.R., 331 F.2d 485, 489 n. 2 (2d Cir.1964); Murray v. United States, 292 F.2d 602, 604 (1st Cir.1961). B. Treasury Regulation § In the usual case, courts "must defer to Treasury Regulations that `implement the congressiona......
-
Yagoda v. CIR
...to the crediting of the overassessments against Gus's tax liability and were therefore constructively benefited. See Murray v. United States, 292 F.2d 602 (1st Cir. 1961), judgment on first remand rev'd, 300 F.2d 804 (1962), judgment on second remand aff'd, 316 F.2d 29 (1963). Taxpayers con......
-
U.S. v. Conry, s. 78-2096
...absence of the document itself, the government bears the burden of showing that the waiver was validly executed. Murray v. U.S.) 292 F.2d 602 (1st Cir. 1961). The district court heard evidence regarding normal practices of the IRS which established the likelihood that appellants had execute......
- Murray v. United States