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TYNE v. C. I. R.

No. 16945.

409 F.2d 485 (1969)

John J. TYNE, Jr., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Seventh Circuit.

April 2, 1969.

Attorney(s) appearing for the Case

Thomas J. Carley, Rockville Center, N. Y., for petitioner.

Mitchell Rogovin, Howard M. Koff, Lee A. Jackson, Meyer Rothwacks, Attys., Dept. of Justice, Tax Division, Richard C. Pugh, Acting Asst. Atty. Gen., Washington, D. C., for respondent.

Before KNOCH, Senior Circuit Judge, and KILEY and FAIRCHILD, Circuit Judges.

FAIRCHILD, Circuit Judge.

This is a sequel to Tyne v. C.I.R. (7th Cir. 1967), 385 F.2d 40. We shall not repeat what was written there.

The judgment then entered and incorporated into our mandate to the tax court, read as follows: "that the decisions of the Tax Court of the United States entered in this cause on January 18, 1967, be, and the same are hereby, REVERSED, and that this cause be, and it is hereby, REMANDED to the...

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