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McCORMACK v. U.S.

No. 89-1663.

891 F.2d 24 (1989)

Mark A. McCORMACK, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 12, 1989.

Attorney(s) appearing for the Case

Mark A. McCormack pro se.

Linda E. Mosakowski, Atty., Tax Div., Dept. of Justice, with whom Shirley D. Peterson, Asst. Atty. Gen., Wayne A. Budd, U.S. Atty., and Gary R. Allen and Gilbert S. Rothenberg, Attys., Tax Div., were on brief, for U.S.

Before BOWNES, BREYER and SELYA, Circuit Judges.

PER CURIAM.

Plaintiff-appellant Mark A. McCormack, a member of the bar who represented himself in tax refund proceedings, seeks a counsel fee award under 26 U.S.C. § 7430.1 The district court denied the request. We believe that McCormack's case, as a practical matter, is controlled by our decision in Aronson v. United States Dep't of HUD, 866 F.2d 1

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