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STICKLER v. C. I. R.

No. 71-1765.

464 F.2d 368 (1972)

Charles W. STICKLER, Jr., and Nellie M. L. Stickler, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Third Circuit.

Decided July 14, 1972.

Attorney(s) appearing for the Case

Bernard J. O'Brien, Lawrence, Mass., F. Lee Bailey, Boston, Mass., for appellants.

Fred B. Ugast, Acting Asst. Atty. Gen., Meyer Rothwacks, Tax Div., Appellate Section, Dept. of Justice, Washington, D. C., Scott P. Crampton, Asst. Atty. Gen., Thomas L. Stapleton, Donald H. Olson, Attys., Tax Division, Dept. of Justice, Washington, D. C., for appellee.

Before ALDISERT, JAMES ROSEN and HUNTER, III, Circuit Judges.

Submitted on Briefs June 20, 1972 Under Third Circuit Rule 12(6).

OPINION OF THE COURT

PER CURIAM:

Income tax deficiencies were determined against the appellants for the years 1955 and 1956, including fraud penalties amounting to 50% of each of the principal deficiency determinations. The parties entered into a stipulation agreeing to a reduced amount, and the tax court entered a decision thereon. The Sticklers then brought a motion "for leave to...

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