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JONES v. UNITED STATES

No. 78-2949.

613 F.2d 1311 (1980)

E. C. JONES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 19, 1980.

Attorney(s) appearing for the Case

Robert I. White, Houston, Tex., for plaintiff-appellant.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Act. Chief Appellate Section, William A. Friedlander, Richard D. Buik, Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendant-appellee.

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

POLITZ, Circuit Judge.

This opinion concludes the trilogy of cases decided this date,1 involving the application of the Civil Rights Attorney's Fees Awards Act of 19762 to taxpayer litigation.

After an audit, the Internal Revenue Service determined that Jimmy Wayne Morton, an experienced tree cutter, was an employee rather than an independent subcontractor...

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