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ESTATE OF WHITLOCK v. C. I. R.

Nos. 75-1919, 76-1021.

547 F.2d 506 (1976)

ESTATE of Leonard E. WHITLOCK, etc., et al., Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant. COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Honorable Bruce M. FORRESTER, Judge, United States Tax Court, Respondent.

United States Court of Appeals, Tenth Circuit.

Stay Denied January 25, 1977.

Certiorari Denied March 7, 1977.

Attorney(s) appearing for the Case

Philip J. Erbacher, Kansas City, Mo. (Joseph A. Hoskins, R. Eugene McGannon and Hoskins, King, McGannon, Hahn & Hurwitz, Kansas City, Mo., with him on the brief), for petitioners-appellees in No. 75-1919.

Gary R. Allen, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., and Gilbert E. Andrews, Jr., Atty., Tax Div., Dept. of Justice, Washington, D. C., with him on the brief), for respondent-appellant in No. 75-1919 and petitioner in No. 76-1021.

Bruce M. Forrester, pro se.

Before SETH, BREITENSTEIN and BARRETT, Circuit Judges.

Stay Denied January 25, 1977. See 97 S.Ct. 803.

Certiorari Denied March 7, 1977. See 97 S.Ct. 1329.

BREITENSTEIN, Circuit Judge.

The issue is whether the Tax Court has complied with a mandate of this court. Two cases have been consolidated for submission and disposition. No. 75-1919 is a direct appeal from a Tax Court order. No. 76-1021 is a petition for mandamus seeking relief from the same order. We dismiss the appeal and grant mandamus relief.<...

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