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SANDERS v. UNITED STATES

No. 83-7375.

740 F.2d 886 (1984)

Billy H. SANDERS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 31, 1984.

Attorney(s) appearing for the Case

Kaufman, Rothfeder, Mancuso & Blitz, Jo Karen Parr, Montgomery, Ala., for plaintiff-appellant.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Section, Richard Farber, Terry L. Fredricks, Tax Division, Dept. of Justice, Washington, D.C., for defendant-appellee.

Before KRAVITCH and HATCHETT, Circuit Judges, and MORGAN, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

The plaintiff, Billy H. Sanders, filed suit to recover income taxes that he alleged were wrongfully collected by the United States for the years 1974 and 1975. Each party filed motions for summary judgment before the district court, and the court granted summary judgment for the United States, 564 F.Supp. 70. Sanders now appeals, contending for the first time that the issues involved are factual issues...

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