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ZACKIM v. C.I.R.

No. 89-1211.

887 F.2d 455 (1989)

Robert and Carole ZACKIM, Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 13, 1989.

Attorney(s) appearing for the Case

James I.K. Knapp, Acting Asst. Atty. Gen., Gary R. Allen, David English Carmack (argued), Linda E. Mosakowski, Attorneys — Tax Div., Dept. of Justice, Washington, D.C., for appellant.

James J. Mahon (argued) (Arnold Y. Kapiloff, Walker, Walker & Kapiloff, P.C., of counsel), New York City, for appellees.

Before GIBBONS, Chief Judge, HUTCHINSON, Circuit Judge, and WOLIN, District Judge.

OPINION OF THE COURT

GIBBONS, Chief Judge:

The Commissioner of Internal Revenue appeals from a decision of the Tax Court determining that there was no deficiency in taxes of taxpayers Robert and Carole Zackim for the tax year 1979. The Commissioner's notice of deficiency for that year asserted that they owed deficiencies in income tax and additions to tax for that year due to fraud. A majority of the Tax Court held that the Commissioner was precluded from...

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