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PROPHIT v. COMMISSIONER OF INTERNAL REVENUE

No. 72-2716 Summary Calendar.

470 F.2d 1370 (1972)

David A. PROPHIT, Petitioner-Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 26, 1973.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Atty., Tax Div., Dept. of Justice, Lee H. Henkel, Jr., Chief Counsel, Raymond W. Sifly, Atty., I. R. S., Washington, D. C., for respondent-appellant.

David A. Prophit, pro se.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

We affirm the decision of the United States Tax Court on the basis of Judge Simpson's concurring opinion. Prophit v. C. I. R., 57 T.C. 507 (1972).

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