Morrissey v. Vollor

77 So. 2d 723, 223 Miss. 16, 1955 Miss. LEXIS 347
CourtMississippi Supreme Court
DecidedFebruary 7, 1955
DocketNo. 39448
StatusPublished
Cited by1 cases

This text of 77 So. 2d 723 (Morrissey v. Vollor) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morrissey v. Vollor, 77 So. 2d 723, 223 Miss. 16, 1955 Miss. LEXIS 347 (Mich. 1955).

Opinion

McGehee, C. J.

The appellees, W. J. Vollor, Landman Teller and James P. Biedenharn, members of the former law firm of Vollor, Teller and Biedenharn at Vicksburg, Mississippi, filed this suit on December 3, 1953, to recover of the appellant, Michael T. Morrissey also of Vicksburg, an alleged balance of $10,500 on a fee of $22,500 for legal services rendered in connection with the compromise and settlement of the claim of the United States of America for delinquent income taxes, which finally aggregated the sum of $267,278, beginning in 1942 and covering a period of six or more years.

After much negotiations in conferences with Federal tax authorities, correspondence, pleadings, etc., a judgment Avas rendered by a Federal tax court at Little Rock, Arkansas, in November 1949 for approximately $128,000 against the taxpayer, Michael T. Morrissey.

Thereafter, a further offer of compromise and settlement, supported by financial statements and revised financial statements of the taxpayer was made in the [18]*18sum of $15,000. This offer of compromise was rejected. Thereupon, further negotiations were had, financial statements and revised financial statements were rendered by the taxpayer, and with the final result that the taxpayer was allowed to settle the claim in the late spring of 1952 for the sum of $22,000.

The employment of the attorneys to represent the taxpayer required the rendition of services over a period of several years, and a great deal of the time of Mr. Yollor was required as the member of the law firm in particular who was looking after the interests of the taxpayer in the handling of this claim, covering the years during which the taxes were alleged to have accrued, and until the final settlement of the claim. He attended conferences in Washington, D. C.; New Orleans, Louisiana; and appeared in the tax court at Little Rock, Arkansas, accompanied by Mr. Teller, who was then a member of the firm of Vollor and Teller. The junior member of the firm conferred with Mr. Yollor and likewise rendered legal services in connection with the claim other than his attendance at the tax court at Little Rock, Arkansas.

The claim involved many complications in regard to whether or not the taxpayer was the sole owner of certain businesses and was liable to pay taxes on the entire taxable income derived therefrom. The controversy involved threats of criminal prosecution of the taxpayer in regard to representations allegedly made as to whether he had received the total income from one of the businesses in particular, the Delta Distributing Company, or whether he had merely received a salary for his services as the promotional operator thereof as an employee of Mr. Steve Castleman, the reputed owner of the said business operation. It involved an authorization from Castleman to the taxpayer that the latter should deduct from the income certain amounts as his salary due by the reputed owner or whether he was due to pay taxes [19]*19on the entire taxable income derived from the said business as the real owner. It further involved a repudiation by Castleman of his previous assumed ownership of this particular business enterprise.

This alleged repudiation occurred a few days before Mr. Yollor was to appear at Little Rock, Arkansas, before the tax court and which, in November 1949, rendered a judgment against the taxpayer, Michael T. Morrissey, in the approximate sum of $128,000, and which repudiation resulted in Mr. Yollor having his law partner Mr. Teller accompany him to Little Rock, Arkansas, in order that he might confer with his said partner in regard to the grave emergency which had arisen, on the occasion above mentioned.

It is claimed by the appellees that the Federal tax officials were at times uncooperative, and changed the time and place for scheduled conferences at their will and pleasure, since they were claiming that they had enough evidence to sustain criminal prosecutions against the said taxpayer. In other words, the handling of the claim involved the necessity of making important decisions to protect their client against a claimed civil liability as well as his alleged criminal liabilty. In this respect the responsibility of the attorneys were much greater than that involved on the part of Mr. Sutton as attorney in defending the claim of the United States against Barnett in the case of Barnett v. Sutton,............... Miss................, 76 So. 2d 263, wherein a jury awarded to Mr. Sutton a judgment for a fee of $5,000 in his suit against Barnett for a much larger sum, and where judgment for the full amount could not have been reversed by this Court as being grossly excessive.

The appellant relies primarily upon an entry in his account on the books of the law firm made on August 31, 1950, of the sum of $5,000, designated on the books of the firm as a “Final Fee” in the case of Morrissey v. Commissioner of Internal Revenue. This entry was [20]*20made by the bookkeeper in. the law office of the appellees, and according to the testimony of both Mr. Yollor and Mr. Teller, which the chancellor evidently found to be true upon the conflict between their testimony and the position taken by the appellant Morrissey, was an erroneous entry, of which the said attorneys were not actually advised until the same was called to their attention by Mr. Morrissey in a conference at the attorneys’ office in December 1952. The testimony of the appellant was such as to warrant the chancellor in finding that both Mr. Vollor and Mr. Teller were surprised to learn that such entry had been made on their books. Their client had been rendered a bill for a balance due of $10,500 several weeks prior to this conference at the attorneys’ office, and had made no response to their claim of this balance due until he went to their office in December 1952, as aforesaid.

According to the testimony of Mr. Vollor and Mr. Teller, their client discovered this erroneous entry when Mr. Yollor let the appellant examine his account on the law firm’s books to see what sums he hgd. been credited with and in what cases. It is shown by the testimony of these two attorneys that when he came to the office, after having received statements of the balance of $10,500 alleged to be due for the handling on this tax case, Mr. Morrissey proposed that they fix the fee in an amount that he was able to pay; that a discussion arose in regard to the amount and it appears from the testimony of the client on the trial of this cause before the chancellor, the jurisdiction of equity having been invoked for the purpose of having cancelled and set aside a conveyance of real estate by the client to his wife, that he told the attorneys that he did not understand the bill for $10,500, and that he did not owe them “Any $10,500.” And it further appears from the testimony that when Mr. Yollor insisted that he did owe this balance, and was unwilling to reduce the amount, the client said [21]*21to Mm “Bill, don’t get your tail over the dashboard,” and that the client then called attention to the entry of August 31, 1950, on the books of the law firm which read ‘‘ To fee U. S. v. Morrissey — v. Com. of Int. Rev. final fee, $5,000;” that Mr. Yollor looked at the entry and said “It sure is,” that the witness, Mr. Morrissey, then walked into Mr. Teller’s office and showed him the entry and that Mr. Teller said “Well, I’ll be d . . .”

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Bluebook (online)
77 So. 2d 723, 223 Miss. 16, 1955 Miss. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrissey-v-vollor-miss-1955.