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KLEINSASSER ON BEHALF OF KLEINSASSER v. U.S.

No. 81-3625.

707 F.2d 1024 (1983)

Reverend Joseph J. KLEINSASSER, Individually and on Behalf of Susie KLEINSASSER, deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 7, 1983.

Attorney(s) appearing for the Case

Gregory R. Schwandt, Church, Harris, Johnson & Williams, Great Falls, Mont., for plaintiff-appellant.

Libero Marinelli, Jr., Washington, D.C., for defendant-appellee.

Before CHOY and FLETCHER, Circuit Judges, and MacBRIDE, District Judge.

CHOY, Circuit Judge:

This is a tax-refund suit brought by Reverend Joseph J. Kleinsasser on behalf of himself and his now-deceased wife, Susie Kleinsasser. Reverend Kleinsasser (hereinafter "taxpayer") is a member of a tax-exempt religious organization that is subject to taxation in accordance with I.R.C. § 501(d). Taxpayer argues that he is entitled to the investment tax credit provided by I.R.C. § 38(a) on his 1972 and 1973 tax returns. The court below...

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