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UNITED STATES v. MOHR

No. 7908.

274 F.2d 803 (1960)

UNITED STATES of America, Appellant, v. Mahlon C. MOHR, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 5, 1960.

Attorney(s) appearing for the Case

Rita E. Hauser, Attorney, Department of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and Howard A. Heffron, Attorneys, Department of Justice, Washington, D. C., and John M. Hollis, U. S. Atty., Norfolk, Va., on brief), for appellant.

P. A. Agelasto, Jr., Norfolk, Va., for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

SOBELOFF, Chief Judge.

This case relates to the taxing of costs against the United States in a tax refund action. While the sum involved is small, the point raised is not without interest. The issue here is whether the $15 filing fee, paid by the taxpayer to the court clerk at the institution of a suit for the refund of federal income taxes, is allowable as a cost against the United States under 28 U.S.C.A. § 2412. The...

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