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CRESKE v. C.I.R.

Nos. 90-3238, 90-3450.

946 F.2d 43 (1991)

William J. CRESKE and Charlene A. Creske, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 17, 1991.

As Amended on Denial of Rehearing December 5, 1991.

Attorney(s) appearing for the Case

David C. Keating, Gerald S. Walsh (argued), Charne, Clancy & Taitelman, Milwaukee, Wis., for petitioners-appellants.

William F. Nelson, Abraham N.M. Shashy, Jr., I.R.S., Gary R. Allen, Laura Marie Conley O'Hanlon, Gilbert S. Rothenberg, Bridget Rowan (argued), Dept. of Justice, Tax Div., Appellate Section, Charles S. Casazza, U.S. Tax Court, Washington, D.C., for respondent-appellee.

Before CUDAHY and EASTERBROOK, Circuit Judges, and MOODY, District Judge.

EASTERBROOK, Circuit Judge.

After William and Charlene Creske prevailed in their dispute with the Commissioner of Internal Revenue, they sought attorneys' fees and other litigation costs under 26 U.S.C. § 7430. We remanded so that the Tax Court could explain why it denied the Creskes' application. 896 F.2d 250 (1990). The Tax Court issued an opinion stating that because the unexplained facts offered support for the Commissioner...

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