In re Kline

Not overruled or negatively treated on appealinfoCoverage
United States Court of Appeals, Fourth CircuitJan 17, 1977
547 F.2d 823 (4th Cir. 1977)

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  • finding §§ 4941 and 4944 of the IRS Code to be penalties, court indicated the name given to the exaction by the legislature is not conclusive

    Summary of this case from In re CF & I Fabricators of Utah, Inc.

No. 76-1310.

Argued November 10, 1976.

Decided January 17, 1977.

Arthur L. Bailey, Atty., Tax Div., Dept. of Justice, Washington, D.C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Karl Schmeidler, Attys., Tax Div., Dept. of Justice, Washington, D.C., on brief), for appellant.

Julian I. Jacobs, Baltimore, Md. (Lawrence D. Coppel, Gordon, Feinblatt, Rothman, Hoffberger Hollander, Baltimore, Md., on brief), for appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore; Roszel C. Thomsen, District Judge.

Before CRAVEN, RUSSELL and HALL, Circuit Judges.

Having carefully studied the scholarly opinion of Judge Thomsen from the critical viewpoint of the government — expressed in briefs and oral argument — we are unable to fault it or improve upon it, and adopt it as our own. 403 F. Supp. 974 (D.Md. 1975). The judgment below will be


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