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SNODGRASS v. U.S.

No. 87-4567. Summary Calendar.

834 F.2d 537 (1987)

Dorothy E. SNODGRASS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 31, 1987.

Attorney(s) appearing for the Case

F. John Reeks, Jr., David Klotz, Bodenheimer, Jones, Klotz & Simmons, Shreveport, La., for plaintiff-appellant.

David N. Crapo, Tax Div., Dept. of Justice, Michael C. Durney, Act. Asst. Atty. Gen., Gary R. Allen, Murray S. Horwitz, Washington, D.C., Joseph S. Cage, Jr., U.S. Atty., David A. Titman, Asst. U.S. Atty., Shreveport, La., Michael P. Paup, Chief, Appellate Sec., Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before RUBIN, WILLIAMS, and DAVIS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A wife seeks a refund of federal taxes, penalties, and interest paid by her husband with funds that belonged to her or to the community of property existing between them. She alleges that the taxes were erroneously and illegally assessed against and collected from her. The district court dismissed the suit for lack of subject matter jurisdiction because the wife lacked standing to sue under the statute she invoked,

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