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MEARKLE v. COMMISSIONER

Docket No. 28428-84.

90 T.C. 1256 (1988)

RUSSELL R. MEARKLE AND VIRGINIA R. MEARKLE, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed June 27, 1988.

Attorney(s) appearing for the Case

Robert A. Clemente, for the petitioners.

Robert Fernandez, for the respondent.

SUPPLEMENTAL OPINION

PARR, Judge:

This case is now before us on remand from the Court of Appeals for the Sixth Circuit.1 In our earlier opinion (87 T.C. 527 (1986)), we held that petitioners were not entitled to litigation costs under section 7430.2 Although petitioners had substantially prevailed as to the issue and...

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