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FENDER v. UNITED STATES

No. 76-3010.

577 F.2d 934 (1978)

David M. FENDER, Trust No. 1, Harris R. Fender, Trustee, and Thomas H. Sharp, Trustee, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Harris R. FENDER, Jr., Trust No. 1, Harris R. Fender, Trustee, and Thomas H. Sharp, Trustee, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 2, 1978.

Attorney(s) appearing for the Case

Roby Hadden, U. S. Atty., C. Houston Abel, Asst. U. S. Atty., Tyler, Tex., Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Act. Chief, Appellate Sect., Leonard J. Henzke, Jr., Atty., Jeffrey S. Blum, Atty., Dept. of Justice, Tax Div., Washington, D. C., for defendant-appellant.

Sander W. Shapiro, Glen M. Wilkerson, Austin, Tex., for plaintiffs-appellees.

Before COLEMAN, AINSWORTH and VANCE, Circuit Judges.

AINSWORTH, Circuit Judge:

In this tax refund suit the question for decision is the validity of a claimed loss deduction growing out of the sale and repurchase by taxpayer to a bank of a large amount of unrated municipal bonds. Plaintiffs David M. Fender, Trust No. 1, Harris R. Fender, Jr., Trust No. 1, and co-trustees Harris R. Fender and Thomas Sharp, brought this suit1 seeking a refund of 1969 federal income taxes assessed as a result...

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