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USLIFE TITLE INS. CO. OF DALLAS v. HARBISON

No. 84-2754.

784 F.2d 1238 (1986)

USLIFE TITLE INSURANCE COMPANY OF DALLAS on Behalf of Lillian V. MATHEWS, Plaintiffs-Appellees, v. Paul R. HARBISON, et al., Defendants, v. UNITED STATES of America acting By and Through the INTERNAL REVENUE SERVICE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 14, 1986.

Attorney(s) appearing for the Case

Glenn L. Archer, Jr. U.S. Dept. of Justice, Tax Div., Washington, D.C., Michael L. Paup, Chief, Appellate Sec. Wynette J. Hewett, Teresa E. McLaughlin, Washington, D.C., for defendant-appellant.

Edward L. Kurth, San Antonio, Tex., for plaintiffs-appellees.

Before GOLDBERG, RANDALL, and JOHNSON, Circuit Judges.

GOLDBERG, Circuit Judge.

An old saying has it that the art of taxation consists in so plucking the goose as to get the most feathers with the least hissing. The practice of taxation, however, is seldom pretty. In this case, appellee's hissing roused the district court to condemn the Internal Revenue Service for overzealous plucking. This condemnation took the form of an award of attorneys' fees against the Government based on the finding that the Government's zealousness...

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