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TALLEY v. U.S.

No. 92-1759.

990 F.2d 695 (1993)

John C. TALLEY, etc., Plaintiff, Appellee, v. UNITED STATES of America, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 14, 1993.

Attorney(s) appearing for the Case

D. Patrick Mullarkey, Atty., Dept. of Justice, with whom Richard S. Cohen, U.S. Atty., James A. Bruton, Acting Asst. Atty. Gen., Gary R. Allen, Atty., Dept. of Justice, Kenneth L. Greene, Atty., Dept. of Justice, and Paula K. Speck, Atty., Dept. of Justice, Washington, DC, were on brief, for defendant, appellant.

Joseph J. Rodio with whom Jeffrey M. Gibson, Charles D. Mills and Rodio & Ursillo, Ltd., Providence, RI, were on brief, for plaintiff, appellee.

Before BREYER, Chief Judge, CYR and BOUDIN, Circuit Judges.

BOUDIN, Circuit Judge.

This case started as a dispute between John Talley ("Talley"), co-executor of the estate of Percy Talley, and the United States over the tax liability of the estate. The tax issues have become snarled in confusion wrought by a cryptic notice from the Internal Revenue Service, a loosely worded request to admit filed by Talley, and a set of litigation errors by the government. After trial, the district court entered judgment for Talley on his...

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