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SPRAGUE v. UNITED STATES

No. 78-1777.

627 F.2d 1044 (1980)

R. Paul SPRAGUE and Mary G. Sprague, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 14, 1980.

Attorney(s) appearing for the Case

Gene A. Castleberry, Oklahoma City, Okl., for plaintiffs-appellants.

Robert T. Duffy, Atty., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before McKAY, BREITENSTEIN and MARKEY.

MARKEY, Chief Judge.

Action by R. Paul Sprague (Sprague)1 for refund of federal income taxes. The district court held that the taxpayers' stock transaction did not qualify for installment sale reporting and that they were therefore not entitled to a refund. Sprague v. United States, 42 A.F.T.R.2d 78-5877, 78-2 U.S. T.C. ¶ 9650 (W.D.Okla. Aug. 2, 1978). We reverse.

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