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SELLERS v. UNITED STATES

No. 78-1794.

615 F.2d 1066 (1980)

William D. SELLERS, Jr., and Virginia F. Sellers, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 23, 1980.

Attorney(s) appearing for the Case

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Act. Chief, Jonathan S. Cohen, Richard Farber, Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendant-appellant.

Lange, Simpson, Robinson & Somerville, John E. Grenier, Birmingham, Ala., for plaintiffs-appellees.

Before THORNBERRY, GODBOLD and TATE, Circuit Judges.

TATE, Circuit Judge:

Three of the issues in this taxpayers' tax-refund suit and the facts relating thereto are identical to those in another appeal arising out of a suit by another taxpayer involving the same transactions. General Housewares Corporation v. United States, 615 F.2d 1056. The issues common to both suits are decided by the opinion in that appeal.

In the present opinion, we will note briefly our reasons...

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