Ralph B. Wattley & Josephine R. Wattley v. Comm'r of Internal Revenue, 298 F.2d 791 (2d Cir. 1962). · Go Syfert
Ralph B. Wattley & Josephine R. Wattley v. Comm'r of Internal Revenue, 298 F.2d 791 (2d Cir. 1962). Cases Citing This Book View Copy Cite
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Ralph B. WATTLEY and Josephine R. Wattley, Petitioners,
v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
49, Docket 27004.
Court of Appeals for the Second Circuit.
Jan 23, 1962.
Published opinion
298 F.2d 791
1962 U.S. App. LEXIS 6127
Ralph B. Wattley, Kew Gardens, N. Y., pro se., Arthur I. Gould, Dept, of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., and Lee A. Jackson, Washington, D. C., on the brief), for respondent.
Clark, Friendly, Lumbard, Per Curiam.
Published
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.