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BURKE MOUNTAIN ACADEMY, INC. v. UNITED STATES

No. 1038, Docket 83-6013.

715 F.2d 779 (1983)

BURKE MOUNTAIN ACADEMY, INC., Appellant-Plaintiff, v. UNITED STATES of America, Appellee-Defendant.

United States Court of Appeals, Second Circuit.

Decided August 22, 1983.

Attorney(s) appearing for the Case

Harriet Ann King, Waitsfield, Vt., for appellant-plaintiff.

James F. Miller, Dept. of Justice, Washington, D.C., with whom were Glenn L. Archer, Asst. Atty. Gen., Michael L. Paup, Robert A. Bernstein, and James F. Miller, Washington, D.C. (George W.F. Cook, U.S. Atty., Rutland, Vt., of counsel), on brief, for appellee-defendant.

Before VAN GRAAFEILAND, Circuit Judge, MANSFIELD, Senior Circuit Judge, and FRIEDMAN, Circuit Judge.

FRIEDMAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Vermont, denying a claim for refund of social security taxes. The refund was sought on the ground that the statute under which the taxes were assessed, subsection 3121(k)(4) of the Internal Revenue Code of 1954 ("Code" or "I.R.C."), 26 U.S.C. § 3121(k)(4) (Supp. V 1981), is unconstitutional as applied to the appellant under the Due Process and Equal...

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