TILFORD v. C.I.R.

No. 81-1447.

705 F.2d 828 (1983)

Henry C. TILFORD, Jr. and Barbara N. Tilford, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 20, 1983.

Rehearing and Rehearing Denied May 27, 1983.


Attorney(s) appearing for the Case

John F. Murray, Acting Asst. Atty. Gen., Michael L. Paup, Jonathan S. Cohen, Frank P. Cihlar (argued), Tax Div., Dept. of Justice, Jerome D. Sebastian, Acting Chief Counsel, Kenneth W. Gideon, Chief Counsel, I.R.S., Washington, D.C., for respondent-appellant.

H. Wayne Grant, Grant, Clements & Konvalinka, Howell G. Clements and John P. Konvalinka (argued), Chattanooga, Tenn., for petitioners-appellees.

Before EDWARDS, Chief Circuit Judge, JONES, Circuit Judge and NICHOLS, Circuit Judge.


Rehearing and Rehearing En Banc Denied May 27, 1983.

GEORGE CLIFTON EDWARDS, Jr., Chief Circuit Judge.

This is an appeal by the Commissioner of the Internal Revenue Service from a Tax Court decision that held an IRS regulation invalid and by so doing, permitted the taxpayer to take substantial capital loss deductions.

The facts indicate that taxpayer Henry Tilford was the principal officer and shareholder ...

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