McSHAIN v. COMMISSIONER

Docket Nos. 4767-74, 9649-75.

68 T.C. 154 (1977)

JOHN McSHAIN AND MARY McSHAIN, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed May 2, 1977.


Attorney(s) appearing for the Case

John F. Kennedy and Charles V. Stoelker, Jr., for the petitioners.

Howard W. Gordon, for the respondent.


WILES, Judge:

On December 6, 1976, pursuant to Rule 121, Tax Court Rules of Practice and Procedure, petitioners1 filed a motion for summary judgment upon part of the legal issues in controversy. The facts upon which petitioners based their motion were fully stipulated. Legal arguments were raised by the parties in simultaneous briefs submitted on or about March 7, 1977. The sole issue we are asked to rule upon is whether, for purposes...

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