MAPES v. UNITED STATES

No. 403-77.

576 F.2d 896 (1978)

Paul A. MAPES and Jane A. Bryson v. The UNITED STATES.

United States Court of Claims.

May 17, 1978.


Attorney(s) appearing for the Case

Paul A. Mapes, pro se.

Theodore D. Peyser, Jr., Washington, D.C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D. C., for defendant; Donald H. Olson and Marc Levey, Washington, D.C., of counsel.

Before DAVIS, NICHOLS and KASHIWA, Judges.


ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge:

This tax refund suit is before the court on the parties' cross-motions for summary judgment. At issue is the constitutionality of what plaintiffs characterize the federal tax system's "marriage penalty." Under existing provisions of the Internal Revenue Code, some married couples incur substantially greater personal income tax liabilities than they...

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