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BODE v. U.S.

No. 89-6164.

919 F.2d 1044 (1990)

John W. BODE and Toni Bode, Plaintiffs-Appellees, v. UNITED STATES of America, Internal Revenue Service, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 1990.

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., Kimberly S. Stanley, Gary R. Allen, Chief, Richard Farber, Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Edward D. Urquhart, Richard W. Paquette, Urquhart & Hassell, Tom Alexander, Houston, Tex., for plaintiffs-appellees.

Before JONES, DUHÉ, and WIENER, Circuit Judges.

PER CURIAM:

After an audit, the Internal Revenue Service (Service) assessed a deficiency against John and Toni Bode, plaintiffs-appellees (Taxpayers). The Taxpayers paid the deficiency and filed a refund suit in the district court against the defendant-appellant, the United States. The district court ruled for the Taxpayers on the merits and in addition, awarded attorneys' fees under 26 U.S.C. § 7430 for 600 hours at $150 per hour. The United States appeals,...

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