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McKEAGUE v. UNITED STATES

Appeal No. 85-2630.

788 F.2d 755 (1986)

John P. McKEAGUE and Constance F. McKeague, Appellees, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

April 22, 1986.

Attorney(s) appearing for the Case

Kenneth Greene, Tax Div., Dept. of Justice, Washington, D.C., argued for appellant. With him on brief were Michael L. Paup and Jonathan S. Cohen.

David A. Haist, Barnes & Thornburg, South Bend, Ind., argued for appellees. With him on brief were John L. Carey and Kenneth R. Petrini.

Before FRIEDMAN, Circuit Judge, BENNETT, Senior Circuit Judge, and NIES, Circuit Judge.

FRIEDMAN, Circuit Judge.

This is an appeal from a judgment of the United States Claims Court that the appellees recover from the United States in a refund suit the additional tax the Internal Revenue Service assessed as a result of its disallowance of a deduction for attorney and accountant fees the appellees had paid in a private law suit. We vacate and remand for further proceedings.

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