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POMEROY v. U.S.

Nos. 87-6101, 88-2239.

864 F.2d 1191 (1989)

John P. POMEROY, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. John P. POMEROY and Frances E. Pomeroy, Plaintiffs-Appellees Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

February 8, 1989.

Attorney(s) appearing for the Case

Henry K. Oncken, U.S. Atty., Houston, Tex., Christopher S. Cole, Atty., Tax Div., Dept. of Justice, Dallas, Tex., Gilbert S. Rothenberg, Gary R. Allen, Chief, Appellate Section, Tax Div., Dept. of Justice, William S. Rose, Jr., Acting Asst. Atty. Gen., John A. Dudeck, Jr., Michael L. Paup, Washington, D.C., for defendant-appellant cross-appellee.

Robert I. White, Lawrence W. Sherlock, and Shelley Cashion, Chamberlain, Hrdlicka, White, Johnson & Williams, Houston, Tex., for plaintiffs-appellees cross-appellants.

Before CLARK, Chief Judge, TIMBERS and RUBIN, Circuit Judges.

CLARK, Chief Judge:

The district court enjoined the government from collecting tax assessments from taxpayers John and Frances Pomeroy. The district court also awarded costs and attorneys' fees to taxpayers. We reverse both the injunction and the award of costs and fees.

Facts

For the years 1981 and 1982, taxpayers filed joint federal income tax returns which listed as their address 3832 Chevy Chase...

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