JOHNSON v. UNITED STATES

Civ. Nos. F 74-111, F 74-112 and F 74-113.

422 F.Supp. 958 (1976)

Sarah G. JOHNSON v. UNITED STATES of America. William G. BARTER et ux. v. UNITED STATES of America. Ralph D. BLAIR et ux. v. UNITED STATES of America.

United States District Court, N. D. Indiana, Fort Wayne Division.

November 8, 1976.


Attorney(s) appearing for the Case

Jeanne S. Miller, New Haven, Ind., for plaintiffs.

John R. Wilks, U. S. Atty., Fort Wayne, Ind., F. Gerald Burnett, Trial Atty., Tax Div. Dept. of Justice, Washington, D. C., for defendant.


MEMORANDUM OF DECISION AND ORDER

ESCHBACH, Chief Judge.

In these three consolidated cases plaintiffs seek refunds of income taxes paid for the year 1971 on the ground that the rate schedules of the Internal Revenue Code, 26 U.S.C. § 1, unconstitutionally discriminate against them as married persons. The cases are now before the court on plaintiffs' and defendant's cross motions for summary judgment. For reasons which are set forth hereinafter, plaintiffs...

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