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MAY v. C. I. R.

No. 75-2727.

553 F.2d 1207 (1977)

Jean L. MAY, Petitioner-Appellee, Clifford Magee May, Intervenor-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Ninth Circuit.

May 12, 1977.

Attorney(s) appearing for the Case

John J. Molloy, III, Sheppard, Mullin, Richter & Hampton, Los Angeles, Cal., argued, for intervenor-appellant May.

Asst. Atty. Gen. Gilbert E. Andrews, Jr., Chief App. Section, F. Arnold Heller, Atty., Tax Court Div., U. S. Dept. of Justice, Washington, D. C., argued, for respondent.

Walter H. Young, Willis, Butler, Scheifly, Leydorf & Grant, Los Angeles, Cal., argued, for petitioner-appellee May.

Before CHOY and GOODWIN, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM:

Clifford Magee May appeals from the denial by the Tax Court of his motion to intervene in a proceeding initiated by Jean L. May, his former wife, for redetermination of a tax deficiency determined against her.

Intervention in a proceeding before it has been held to be within the sound discretion of the Tax Court. See Levy Trust v. Commissioner, 341 F.2d 93, 94 (5th Cir. 1965); Cincinnati Transit, Inc...

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