United States Fifth Circuit
Caracci v. Comm'r of Internal Revenue, 02-60912
A decision requiring taxpayers, three privately held home-healthcare agencies and the family that owns and operates them, to pay certain excise taxes under 26 U.S.C. section 4958 is reversed where the record established as a matter of law that the taxpayers did not receive any "net excess benefit" in connection with the agencies' conversion from exempt to nonexempt status, and therefore, were not liable for the excise taxes assessed.
Appellate Information
- Decided 07/11/2006
- Published 07/12/2006
Judges
- PER CURIAM:, Before JOLLY and WIENER, Circuit Judges, and ROSENTHAL, District Judge.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- David D. Aughtry (argued), Charles Edward Hodges, Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, GA, for Petitioner-Appellant.
- For Appellees:
- Michael J. Haungs, Kenneth L. Greene, Tax Div., Eileen J. O'Connor, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, DC, for Respondent-Appellee.