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RUBERTO v. C.I.R.

No. 1099, Docket 84-4188.

774 F.2d 61 (1985)

Albert RUBERTO and Kathleen Ruberto, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 2, 1985.

Attorney(s) appearing for the Case

Albert M. Ruberto, pro se., petitioner-appellant.

Robert S. Pomerance, Washington, D.C. (Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Richard W. Perkins, Steven I. Frahm, Attys., Tax Div., Dept. of Justice, Washington, D.C., of counsel), for respondent-appellee.

Before VAN GRAAFEILAND and PRATT, Circuit Judges, and LASKER, United States District Judge for the Southern District of New York sitting by designation.

PER CURIAM:

Albert M. Ruberto and Kathleen Ruberto appeal from a decision of the United States Tax Court, James M. Gussis, Judge, confirming the Commissioner of Internal Revenue's determination that the Rubertos were liable for personal income tax deficiencies and additions for 1980 and 1981, and awarding damages to the United States because the Ruberto's court action contesting the commissioner's determination was frivolous and instituted primarily for delay...

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