MARTIN v. C. I. R.

Nos. 80-1200, 80-3135 and 80-5084.

649 F.2d 1133 (1981)

William G. and Martha C. MARTIN, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant. Joseph and Evelyn CREEL, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant. Jonnie PARKINSON, Petitioner-Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant. Max ZAGER and Goldie R. Zager, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

July 6, 1981.


Attorney(s) appearing for the Case

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Chief, Appellate Sect., Michael L. Paup, Chief, Appellate Section, Jonathan S. Cohen, James F. Miller, Attys., Tax Div., Dept. of Justice, Washington D.C., for C.I.R.

Cantey, Hanger, Gooch, Munn & Collins, Kirk R. Manning, Fort Worth, Tex., for William G. & Martha C. Martin.

Newton & Shelton, Paul M. Newton, Gulfport, Miss., for Creel & Parkinson.

Tuggle, Duggins, Meschan, Thornton & Elrod, William L. Tankersley, III, Greensboro, N.C., for Max and Goldie R. Zager.

Before GOLDBERG, REAVLEY and TATE, Circuit Judges.


TATE, Circuit Judge:

In Dean v. Commission, 35 T.C. 1083 (1961), the Tax Court held that the use of funds from an interest-free loan to a taxpayer did not constitute a taxable benefit. The Commissioner's present appeals are his latest effort to secure an overruling or modification of the Dean rationale, which the Tax Court followed in the present cases, in its holding that the interest-free loans did not result in taxable...

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