Ralph B. Wattley and Josephine R. Wattley v. Commissioner of Internal Revenue

Second Circuit

Ralph B. Wattley and Josephine R. Wattley v. Commissioner of Internal Revenue

298 F.2d 791, 9 A.F.T.R.2d (RIA) 516, 1962 U.S. App. LEXIS 6127

Court of Appeals for the Second Circuit·Decided January 23, 1962·No. 49, Docket 27004·Published

Opinion

PER CURIAM.

The facts relevant to this appeal are stated in our opinion on a prior appeal of this case, reported at 275 F.2d 461, cert. denied, 364 U.S. 864, 81 S.Ct. 107, 5 L.Ed. 2d 86. At that time we remanded the case to the Tax Court for further proceedings not inconsistent with our opinion and, contrary to the taxpayer’s 1 contentions, the Tax Court’s subsequent opinion, TC Memo 1961-24, filed January 31, 1961, correctly interpreted our mandate. The taxpayer also asks us to reexamine *792 our decision made upon his former appeal that his income should be spread over the period 1944-1951 rather than 1931-1951; but the question has been decided and we see no reason for reexamining it here.

The government has conceded the validity of the taxpayer’s final contention, that he should receive a credit for his previous payment of $98.01, which consisted of $81.00 in taxes and $17.01 interest.

Therefore, we remand solely for the purpose of reducing the deficiency by virtue of that payment.

1

. We refer to Mr. Wattley as the taxpayer since his wife is involved only by reason of their joint return.

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PER CURIAM.

The facts relevant to this appeal are stated in our opinion on a prior appeal of this case, reported at 275 F.2d 461, cert. denied, 364 U.S. 864, 81 S.Ct. 107, 5 L.Ed. 2d 86. At that time we remanded the case to the Tax Court for further proceedings not inconsistent with our opinion and, contrary to the taxpayer’s 1 contentions, the Tax Court’s subsequent opinion, TC Memo 1961-24, filed January 31, 1961, correctly interpreted our mandate. The taxpayer also asks us to reexamine *792 our decision made upon his former appeal that his income should be spread over the period 1944-1951 rather than 1931-1951; but the question has been decided and we see no reason for reexamining it here.

The government has conceded the validity of the taxpayer’s final contention, that he should receive a credit for his previous payment of $98.01, which consisted of $81.00 in taxes and $17.01 interest.

Therefore, we remand solely for the purpose of reducing the deficiency by virtue of that payment.

1

. We refer to Mr. Wattley as the taxpayer since his wife is involved only by reason of their joint return.

Ralph B. Wattley and Josephine R. Wattley v. Commissioner of Internal Revenue, 298 F.2d 791, 9 A.F.T.R.2d (RIA) 516, 1962 U.S. App. LEXIS 6127 (2d Cir. 1962).

Pincite

298 F.2d 791 (Ralph B. Wattley and Josephine R. Wattley v. Commissioner of Internal Revenue) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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