PECK v. C.I.R.

No. 88-7484.

904 F.2d 525 (1990)

Donald A. PECK; Judith W. Peck, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1990.


Attorney(s) appearing for the Case

Harry J. Kaplan, San Jose, Cal., for petitioners.

James I.K. Knapp, Acting Asst. Atty. Gen., Gary R. Allen, David English Carmack, Kenneth W. Rosenberg, Tax Division, Dept. of Justice, Washington, D.C., for respondent.

Before WRIGHT, HUG, and LEAVY, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

This case requires us to apply collateral estoppel principles in the tax context. The taxpayers, Donald and Judith Peck, entered into a 30-year lease of real property in 1974 from their controlled corporation. The lease terms did not change for the first five years. In a prior action, the Tax Court found that the Pecks' rent deductions under the lease for 1974, 1975 and 1976 must be reduced by the full amount of gardening expenses...

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