AUSTIN v. UNITED STATES

No. 78-1179.

611 F.2d 117 (1980)

Rosemary W. AUSTIN, formerly Rosemary W. Hoyle, (Charles P. Sacher and Florida National Bank at Miami as Co-Personal Representatives of the Estate of Rose Mary Wilson Austin, a/k/a Rosemary W. Austin, formerly known as Rosemary W. Hoyle, substituted in the place and stead of Rosemary W. Austin, formerly Rosemary W. Hoyle, deceased), Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 6, 1980.


Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder & Carson, Charles P. Sacher, Nicholas E. Christin, Miami, Fla., for plaintiff-appellant.

Jack V. Eskenazi, U. S. Atty., Miami, Fla., M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Act. Chief, Richard W. Perkins, Atty., Mary L. Jennings, Atty., Richard D. Buik, Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendant-appellee.

Before MORGAN, REAVLEY and HATCHETT, Circuit Judges.


HATCHETT, Circuit Judge:

Taxpayer appeals a district court judgment in a $21,461 tax refund case dismissing the action for failure to state a claim. Taxpayer alleges that the Internal Revenue is attempting to retroactively apply minimum tax statutes in deprivation of taxpayer's due process and equal protection rights. Finding no constitutional deprivation and no claim upon which relief may be granted, we affirm.

Taxpayer, on December 10, 1970, received a long...

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