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LONG v. UNITED STATES

No. 76-3270.

575 F.2d 79 (1978)

Joe R. LONG, and Teresa Long, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 14, 1978.

Attorney(s) appearing for the Case

Robert Edwin Davis, C. M. Meadows, Jr., Dallas, Tex., for plaintiffs-appellants.

John Clark, U.S. Atty., San Antonio, Tex., Myron C. Baum, Acting Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D.C., Daniel F. Ross, Atty., Tax Div., Leonard J. Henzke, Jr., James A. Riedy, Attys., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges:

PER CURIAM:

The district judge, after a full bench trial, decided this income tax refund suit adversely to the taxpayers. The suit was generated by the Commissioner's rejection of the taxpayers' attempted deduction of one-half of the alleged losses of the husband's joint venture with Mr. Long's former law partner, Jake Jacobsen, relative to the operation of two apartment complexes. The Longs paid the deficiency, filed an unsuccessful claim for refund, and timely brought...

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