U.S. Court of Appeals for the Fifth Circuit, 1976

Tony M. Smith and Nellie Smith v. United States

Tony M. Smith and Nellie Smith v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided December 13, 1976 · Coleman, Godbold, Hill, Per Curiam
543 F.2d 1155; 39 A.F.T.R.2d (RIA) 419; 1976 U.S. App. LEXIS 5865 (Federal Reporter, Second Series)

Tony M. Smith and Nellie Smith v. United States

Opinion

PER CURIAM:

Plaintiffs, a Mississippi highway patrolman and wife, sued for a refund of income taxes for 1972. The government included in income cash payments received by the husband to reimburse him for the cost of meals eaten while on duty. Plaintiffs claimed the payments were excludible under § 119 of the Internal Revenue Code of 1954. The district court granted a refund, relying on U. S. v. Barrett, 321 F.2d 911 (C.A.5, 1963). The government concedes that Barrett controls unless reversed.

*1156 We affirm on the basis of Barrett. Accord, U. S. v. Morelan, 356 F.2d 199 (C.A.8, 1966); Keeton v. U. S., 383 F.2d 429 (C.A.10,1967). Contra, Wilson v. U. S., 412 F.2d 694 (C.A.1, 1969).

AFFIRMED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.