BAXTER v. C. I. R.

Nos. 24736, 24868.

433 F.2d 757 (1970)

Harlan E. BAXTER and Imogene Baxter, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee. Lovell J. PROBY and Eva M. Proby, Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Ninth Circuit.

October 14, 1970.


Attorney(s) appearing for the Case

Joseph H. Trethewey (argued), Meade Emory, Seattle, Wash., for Harlan E. Baxter.

Stephen Hutzelman (argued), Atty., Tax Division, K. Martin Worthy, Chief Counsel, IRS, Johnnie M. Walters, Asst. Atty. Gen., U. S. Dept. of Justice, Washington, D. C.; John T. Piper, of Bogle, Gates, Dobrin, Wakefield & Long, Seattle, Wash., for Commissioner of Internal Revenue.

John T. Piper (argued), of Bogle, Gates, Dobrin, Wakefield & Long, Seattle, Wash., for Lovell J. Proby.

Before HAMLEY and WRIGHT, Circuit Judges, and GOODWIN, District Judge.


GOODWIN, Judge:

Two decisions of the Tax Court are combined for review. Taxpayers Harlan and Imogene Baxter seek to reverse a decision in favor of the Commissioner, and Taxpayers Lovell and Eva Proby seek to sustain a decision in their favor against the Commissioner. The Commissioner seeks review of the Proby decision only by way of a protective petition, i. e., asking reversal of Proby only if the Baxter decision is reversed.

The facts, substantially as found...

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