MURPHY v. U.S.

No. 91-56507.

992 F.2d 929 (1993)

Charles L. MURPHY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1993.


Attorney(s) appearing for the Case

Charles L. Murphy, pro se.

Gary R. Allen, Chief, Appellate Section Tax Div., U.S. Dept. of Justice, Washington, DC, for defendant-appellant.

Darwin Thomas, Tax Div., Office of the U.S. Atty., Los Angeles, CA, for defendant-appellee.

Before: WALLACE, Chief Judge, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.


FERNANDEZ, Circuit Judge:

Charles L. Murphy appeals the district court's summary judgment in his action challenging the constitutionality of 26 U.S.C. § 1256. Murphy contends that Congress exceeded its authority by taxing "unrealized" gains. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

BACKGROUND

During 1987, Murphy was an investor in commodity futures contracts. The parties stipulated and the district court found that all of...

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