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KLOTZ v. UNITED STATES

Nos. 77-3319, 77-3366 and 77-3385.

602 F.2d 920 (1979)

Jack KLOTZ, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant, v. Darrell HOWE, Defendant-Appellee. Jack KLOTZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, v. Darrell HOWE, Defendant. Jack KLOTZ, Plaintiff, v. UNITED STATES of America, Defendant-Appellee, v. Darrell HOWE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 22, 1979.

Attorney(s) appearing for the Case

Marilyn E. Brookens, Washington, D. C., for defendant-appellant.

Edwin C. Schreiber, Keltner & Schreiber, Beverly Hills, Cal., Kenneth J. Murphy, Jr., Los Angeles, Cal., for plaintiff-appellee.

Before HUFSTEDLER and WALLACE, Circuit Judges, and FITZGERALD, District Judge.

HUFSTEDLER, Circuit Judge:

The Government appeals from a judgment awarding Klotz judgment for $600 in his tax refund suit against the Government and denying any relief to the Government on its counterclaim against Klotz and Howe to recover taxes and penalties under sections 6671 and 6672 of the Internal Revenue Code of 1954. Klotz and Howe cross-appeal from that portion of the judgment denying them attorneys' fees under 42 U.S.C. § 1988. The Government contends...

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