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TONER v. C. I. R.

No. 79-2033.

629 F.2d 899 (1980)

Linda M. Liberi TONER, Appellant, v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals, Third Circuit.

Decided September 3, 1980.

Attorney(s) appearing for the Case

Mary Ann Hagan, Philadelphia, Pa., Marcus Schoenfeld, Villanova, Pa., Robert Destro, Milwaukee, Wis., for appellant.

M. Carr Ferguson, Asst. Atty. Gen., Michael L. Paup, William A. Friedlander, Gilbert S. Rothenberg, Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellee.

Before SEITZ, Chief Judge, ROSENN, Circuit Judge, and SHAPIRO, District Judge.

Submitted Under Third Circuit Rule 12(6) August 4, 1980.

OPINION OF THE COURT

SEITZ, Chief Judge.

This is a motion by the appellant, Linda M. Liberi Toner, for attorneys' fees under the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988 (1976).

I.

In 1973, the appellant claimed a deduction of $906.28 for her 1973 educational expenses. Based on a disallowance of this deduction, the Internal Revenue Service sent...

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