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GUENTHER v. C.I.R.

No. 88-7244.

889 F.2d 882 (1989)

Kenneth W. GUENTHER and Marva Guenther, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 14, 1989.

Attorney(s) appearing for the Case

Glenn R. Kuykendall, Hanna, Murphy, Jensen & Holloway, Portland, Or., for petitioners-appellants.

Patricia M. Bowen, Dept. of Justice, Washington, D.C., for respondent-appellee.

Before ALARCON, BRUNETTI and O'SCANNLAIN, Circuit Judges.

ORDER

We are sufficiently troubled by allegations that Commissioner's counsel improperly made an ex parte communication which prejudiced the trial judge's disposition of this case that we defer review of the merits and instead order this temporary remand.

I

Kenneth and Marva Guenther (individually "Kenneth" and "Marva" and collectively "taxpayers") were husband and wife during 1978 and 1979 and filed joint income tax returns for both years...

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