BLATT v. U.S.

No. 93-2233.

34 F.3d 252 (1994)

Solomon BLATT, Jr., as Executor of the Estate of Solomon Blatt, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 7, 1994.


Attorney(s) appearing for the Case

ARGUED: Thomas English McCutchen, Jr., McCutchen, Blanton, Rhodes & Johnson, Columbia, SC, for appellant. Jonathan Samuel Cohen, Tax Div., U.S. Dept. of Justice, Washington, DC, for appellee. ON BRIEF: William R. Taylor, McCutchen, Blanton, Rhodes & Johnson, Columbia, SC, for appellant. Michael L. Paup, Acting Asst. Atty. Gen., Gary R. Allen, Sally J. Schornstheimer, J. Preston Strom, Jr., U.S. Atty., Tax Div., U.S. Dept. of Justice, Washington, DC, for appellee.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and HARVEY, Senior United States District Judge for the District of Maryland, sitting by designation.


Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN and Senior Judge HARVEY joined.

OPINION

NIEMEYER, Circuit Judge:

Solomon Blatt, Jr., as executor of the estate of Solomon Blatt, Sr., his father, paid $155,000 to the IRS in August 1987 in respect of the estate's income taxes due for the tax year that ended April 30, 1987. The actual amount of the tax due had not been computed, and Blatt remitted what he believed...

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