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KEY BUICK CO. v. C. I. R.

No. 77-2781.

613 F.2d 1306 (1980)

KEY BUICK COMPANY, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 19, 1980.

Attorney(s) appearing for the Case

A. Brand Walton, Jr., Louis Anders, Jr., Joseph W. Letzer, Birmingham, Ala., for petitioner-appellant.

M. Carr Ferguson, Asst. Atty. Gen., Tax Division, U. S. Dept. of Justice, Gilbert E. Andrews, Act. Chief, Murray Horwitz, Lester Steen, William A. Friedlander, Attys., Tax Div., Dept. of Justice, Washington, D. C., for respondent-appellee.

Before COLEMAN, Chief Judge, FRANK M. JOHNSON, Jr. and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

This case, like Prince v. United States, 610 F.2d 350, decided by this panel January 25, 1980, involves a taxpayer's claim for attorney's fees under the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988. The Tax Court, 68 T.C. 178, denied Key Buick Company's motion for attorney's fees. Agreeing with the result reached by the Tax Court, we affirm.

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