CONKLIN v. C.I.R.

No. 88-2717.

897 F.2d 1027 (1990)

William T. CONKLIN, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

March 1, 1990.


Attorney(s) appearing for the Case

Richard F. Thurston, Denver, Colo., for petitioner-appellant.

Kevin M. Brown, Atty., (James I.K. Knapp, Acting Asst. Atty. Gen., Gary R. Allen, and Jonathan S. Cohen, Attys., with him on the brief), Tax Div., Dept. of Justice, Washington, D.C., for respondent-appellee.

Before LOGAN and MOORE, Circuit Judges, and THOMPSON, District Judge.


LOGAN, Circuit Judge.

We consider here the Tax Court's authority to rule on the validity of deductions and credits taken on joint income tax returns when the Commissioner of Internal Revenue had previously issued a notice of deficiency for the same items against petitioner's wife, who paid those alleged deficiencies before the Internal Revenue Service (IRS) issued a notice of deficiency to petitioner. We hold that under the circumstances of this case the Tax Court...

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