TITLE INS. AND TRUST CO. v. UNITED STATES

No. 79-3579.

654 F.2d 604 (1981)

TITLE INSURANCE AND TRUST COMPANY, Dean Stevning and Ann Branstetter, in their capacity as executors of the estate of Charlotte B. Stevning, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1981.


Attorney(s) appearing for the Case

Robert B. Swortwood, Thompson & Colegate, Riverside, Cal., for plaintiffs-appellants.

James Miller, Dept. of Justice, Washington, D. C., argued, for defendant-appellee; Gilbert E. Andrews, Washington, D. C., on brief.

Before TANG and BOOCHEVER, Circuit Judges, and TANNER, District Judge.


PER CURIAM:

The appellants in this case represent the estate of Charlotte B. Stevning, who originally brought suit requesting a refund of $6,909 for the 1975 tax year. Ms. Stevning's claim was based on her calculation of tax under the income averaging provisions of the Internal Revenue Code, I.R.C. §§ 1301-1305. Her contention was that Treasury Regulation § 1.1302-2(b) (1966), which states that base period income may not be less than zero, impermissibly...

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