BURCH v. UNITED STATES

No. 410, Docket 81-6185.

698 F.2d 575 (1983)

Orlo G. BURCH and Marjorie C. Burch, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 18, 1983.


Attorney(s) appearing for the Case

James P. Burns, 3rd, Syracuse, N.Y. (James P. Burns, Jr., A. Joseph Scott, III, Hancock, Estabrook, Ryan, Shove & Hust, Syracuse, N.Y., of counsel), for plaintiffs-appellants.

Stanley S. Shaw, Jr., Atty., Tax Div., Dept. of Justice, Washington, D.C. (Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Jonathan S. Cohen, Attys., Tax Div., Dept. of Justice, Washington, D.C., George H. Lowe, U.S. Atty., Syracuse, N.Y., for the Northern District of N.Y., of counsel), for defendant-appellee.

Before LUMBARD, MANSFIELD and KEARSE, Circuit Judges.


MANSFIELD, Circuit Judge:

Orlo G. Burch and Marjorie C. Burch1 appeal from a judgment of the Northern District of New York, Howard G. Munson, Chief Judge, denying plaintiffs' claim that certain attorney's fees paid by plaintiffs were deductible under § 212 of the Internal Revenue Code.2 Because we believe that a substantial portion of the attorney's fees were deductible under § 212, we reverse...

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