Koerner v. United States
Koerner v. United States
Opinion of the Court
Plaintiffs are members of the West Virginia Department of Public Safety, commonly known as State police. Under West Virginia law, they are provided a subsistence allowance for each working day, in lieu of housing, quarters and rations.
It is settled that deductions from income for federal tax purposes exist only as specifically authorized by statute;
We realize that in directing judgment for the United States, we are going against decisions in the Third,
The judgment of the District Court is reversed and the cause is remanded for the entry of judgment in favor of the United States.
REVERSED.
. After suit was filed, plaintiffs were allowed, without notice to the United States, through amendment of their complaint, to proceed both individually and as representatives of a class consisting of all the members of the State police in West Virginia. The United States claims error in allowing the action to proceed as a class action. We are inclined to agree with such contention, see, Lipsett v. United States (S.D.N.Y. 1965) 37 F.R.D, 549, 552, app. dism. 359 F.2d 956, but, since we find that the claims of the plaintiffs are without merit, it is unnecessary to resolve this claim of error.
. Plaintiffs were denied a refund only for 1967 and 1969; the Commissioner inadvertently refunded the amount claimed for 1968.
. 28 U.S.C. § 1346(a)(1).
. Commissioner of Internal Revenue v. Jacobson (1949) 336 U.S. 28, 49, 69 S.Ct. 358, 93 L.Ed. 477; Helvering v. Northwest Steel Mills (1940) 311 U.S. 46, 49, 61 S.Ct. 109, 85 L.Ed. 29.
. Bingler v. Johnson (1969) 394 U.S. 741, 751-2, 89 S.Ct. 1439, 22 L.Ed.2d 695; Trustees of Graceland Cem. Imp. F. v. United States (1975) 515 F.2d 763, 770, 206 Ct.Cl. 609.
. § 119, 26 U.S.C.
. Kowalski v. Commissioner of Internal Revenue (3d Cir. 1976) 544 F.2d 686; Jacob v. United States (3d Cir. 1974) 493 F.2d 1294; Saunders v. Commissioner of Internal Revenue (3d Cir. 1954) 215 F.2d 768.
. United States v. Barrett (5th Cir. 1963) 321 F.2d 911.
. United States v. Morelan (8th Cir. 1966) 356 F.2d 199.
. United States v. Keeton (10th Cir. 1967) 383 F.2d 429.
. Wilson v. United States, supra, 412 F.2d at 696.
. Commissioner of Internal Revenue v. Sullivan (1958) 356 U.S. 27, 28, 78 S.Ct. 512, 2 L.Ed.2d 559; Harper v. United States (D.S.C. 1967) 274 F.Supp. 809, 813, affd (4th Cir.) 396 F.2d 223; Harper Oil Company v. United States (10th Cir. 1970) 425 F.2d 1335, 1342.
Reference
- Full Case Name
- Morgan P. KOERNER and Juanita B. Koerner, who Individually and as Class Representatives of all members of the West Virginia Department of Public Safety, and their spouses v. United States
- Cited By
- 4 cases
- Status
- Published