Hoover v. United States

513 F.2d 603, 206 Ct. Cl. 640, 1975 U.S. Ct. Cl. LEXIS 198
CourtUnited States Court of Claims
DecidedApril 16, 1975
DocketNo. 457-73
StatusPublished
Cited by24 cases

This text of 513 F.2d 603 (Hoover v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoover v. United States, 513 F.2d 603, 206 Ct. Cl. 640, 1975 U.S. Ct. Cl. LEXIS 198 (cc 1975).

Opinion

Davis, Judge,

delivered the opinion of the court;

[643]*643Claimant Robert J. Hoover, a tax technician in the Internal Revenue Service, had had twenty-six years of federal employment and about a decade in the Revenue Service when he received, in March 1972, a notice of charges looking toward his removal from the IRS. This letter alleged, with appropriate specifications, that he had filed his federal income tax returns for 1968 and 1969 claiming deductions to which he was not entitled. Plaintiff put in a written response and also made an oral reply. The District Director upheld the reasons and specifications in the notice of adverse action and ordered that Hoover be separated from his position on May 12,1972.

Plaintiff appealed to the Regional Commissioner of the Service and was granted a formal hearing within the agency. The appeals examiner who presided at this hearing recommended that the adverse action be sustained, and this suggestion was followed by the Regional Commissioner.

Plaintiff then appealed to the Regional Office of the Civil Service Commission which accorded him another hearing, this time before a civil service appeals examiner. The Regional Office upheld the removal, and on further appeal to the Board of Appeals and Review, this was affirmed in June 1973. This suit was then brought to review the administrative proceedings and decisions. Both parties have moved for summary judgment and there is no request that further evidence be taken in this court.

The charges sustained by the Civil Service Commission were that (a) in his tax return for 1968 plaintiff claimed deductions to which he was not entitled with respect to payments to doctors and dentists, contributions, and interest paid, and (b) in his 1969 return he claimed deductions (again, to which he was not entitled) for medical and dental expenses, moving expenses, contributions, taxes, and union dues. There is no contest that these deductions were incorrect, but Hoover urges that even an IRS employee cannot be removed merely for making mistakes on his returns.

This contention has given us some pause because the letter of proposed adverse action does not explicitly charge anything more than that the deductions were incorrect. We are satisfied from the record, however, that the case was actually [644]*644pursued in both, the IES and the Civil Service Commission on the theory that plaintiff could not be separated unless there was proof and a finding that his actions in taking the deductions were deliberate (in the sense that he knew he was not entitled to them) or at least grossly reckless and grossly negligent, without any concern whether or not he could properly take the deductions. The Board of Appeals and Keview dealt with the contention “that the deductions claimed on his returns in 1968 and 1969, even though fictitious and incorrect, were caused by negligence on his part” by pointing out that “the evidence shows that what was involved here was not simply errors resulting from negligence” and that “the appellant was aware of the consequences which would result when the regulations of the Internal Eevenue Service were violated * * The Commission’s Begional Office said that “as a Tax Technician responsible for auditing the income tax returns of other citizens, the [plaintiff] was fully aware of his responsibility as a taxpayer to accurately declare deductions supportable by appropriate records on his own tax returns”; in addition, with respect to the major specification relating to medical deductions for 1968 the Office rejected the view that this was merely the result of negligence, characterizing it instead as “willful, culpable misconduct”; and with regard to plaintiff’s claimed moving expenses for 1969, the Kegional Office said that he “knowingly overstated the mileage difference in order to qualify for a moving expense deduction for 1969.”1

[645]*645Not only was tlie case tried and determined on the basis that mere negligence would be insufficient cause for discipline, but at least as to the major charges there was solid and substantial supporting evidence for these findings of culpability. For 1968 plaintiff claimed $1,860 in medical and dental expenses; the Service audit allowed no deduction. The record shows that an IES inspector contacted the five doctors listed on the return, or their employees, to discover what payments plaintiff had actually made. Three reported that they had no record of treating Hoover or any member of his family that year and received no money at all from him; the records of the other two showed that plaintiff had overstated his payments to one by $270 and to the other by $820 or $330. The total of the claimed payments for which there were no supporting records was $1,670. Plaintiff’s excuse for the discrepancies is that he simply relied on his wife’s bare recollection as to what payments she had made to doctors and dentists during 1968. It is clear, however, that as a knowledgeable tax technician Hoover knew that the IES required supporting documentation before allowing such medical expenses to be deducted, and he never attempted to call the doctors or obtain some proof for his wife’s casual recollection.

Probably the most damning evidence on this point is that for 1968 plaintiff deducted $375 for payments to a doctor who was his own personal physician, but that doctor’s office indicated to the IES inspector that Hoover had not been there at all since 1967. Plaintiff insisted that he had in fact visited this doctor many times in 1968 and had always paid in cash, but he had no receipts. The triers of fact were of course not compelled to credit his unsupported testimony or his explanation that the receipts were lost in a move he made in December 1969.2

The other main allegation against plaintiff concerned moving expenses ($382) he claimed for 1969. This deduction was taken, he said, because of a change in his driving to work. The return showed that the distance from his residence to [646]*646his new business location was 26 miles and the distance from his residence to his former business location was 5 miles. Moving expense deductions were not allowable for the 1969 tax year unless the difference between the two distances travelled was 20 miles or more. In fact, the actual change in the distance to Hoover’s job caused by his move was only 3.5 miles. Pie admitted at the Commission hearing that, although the regulations plainly required the distances to be measured in straight lines, he had deliberately not used that method but had instead employed his own estimate of the time he spent on the road. This admission was clearly substantial enough support for the charge of deliberately creating a deduction where none could lawfully be taken.3

A barrage of procedural complaints is levied against the charges and the administrative proceedings, but none is sufficient to vitiate the determination of removal. We put to one side general arguments which have been authoritatively rejected, such as that the employee is entitled to all the protections of a criminal trial (see Arnett v. Kennedy, 416 U.S. 134 (1974)), and that hearsay is inadmissible (see Peters v. United States, 187 Ct. Cl. 63, 70-71, 408 F. 2d 719, 722-23 (1969)). The points we now consider are those tied specifically to these particular proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Amos G. Southers v. Veterans Administration
813 F.2d 1223 (Federal Circuit, 1987)
James Abrams v. United States Department of the Navy
714 F.2d 1219 (Third Circuit, 1983)
Staskus v. United States
1 Cl. Ct. 633 (Court of Claims, 1982)
Dimas Bonet v. United States Postal Service
661 F.2d 1071 (Fifth Circuit, 1981)
Swentek v. United States
658 F.2d 791 (Court of Claims, 1981)
Brewer v. United States Postal Service
647 F.2d 1093 (Court of Claims, 1981)
Ramon P. Johnson v. United States of America
628 F.2d 187 (D.C. Circuit, 1980)
Cully
618 F.2d 124 (Court of Claims, 1979)
Wise v. United States
603 F.2d 182 (Court of Claims, 1979)
Wynne
618 F.2d 121 (Court of Claims, 1979)
Culver
618 F.2d 119 (Court of Claims, 1979)
Giles v. United States
553 F.2d 647 (Court of Claims, 1977)
Young v. Hampton
420 F. Supp. 1358 (S.D. Illinois, 1976)
Boyce v. United States
543 F.2d 1290 (Court of Claims, 1976)
Pascal v. United States
543 F.2d 1284 (Court of Claims, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
513 F.2d 603, 206 Ct. Cl. 640, 1975 U.S. Ct. Cl. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoover-v-united-states-cc-1975.