FULLER v. UNITED STATES

Nos. 85-2473 to 85-2475.

786 F.2d 1437 (1986)

Steven A. FULLER and Karen M. Fuller, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Douglas W. SAMSKI, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Thomas A. JOLLY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1986.


Attorney(s) appearing for the Case

Steve A. Fuller and Karen M. Fuller, in pro. per.

Douglas W. Samski and Thomas A. Jolly, pro se.

Lisa Prager, U.S. Dept. of Justice, Washington, D.C., for U.S.

Before SCHROEDER, CANBY, and BOOCHEVER, Circuit Judges.


SCHROEDER, Circuit Judge.

In this government tax appeal we must decide whether the IRS properly assessed a $500 penalty against each of the three appellees for filing a frivolous return within the meaning of 26 U.S.C. § 6702. The appeal raises a novel question concerning Congress' use of the word "self-assessment" in that section. There are no material issues of fact.

Congress passed the statute as part of the Tax Equity and Fiscal Responsibility Act...

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