BAX v. C.I.R.

No. 812, Docket 93-4084.

13 F.3d 54 (1993)

Alphonso BAX and Alice Corrine Bax, Deceased, and Alphonso L. Bax, Administrator, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 27, 1993.


Attorney(s) appearing for the Case

Declan J. O'Donnell, Englewood, CO, for appellants.

Kevin M. Brown, Tax Div., Dept. of Justice, Washington, DC (Michael L. Paup, Acting Asst. Atty. Gen., Gary R. Allen, and David I. Pincus, Tax Div., Dept. of Justice, for appellee.

Before: MESKILL, KEARSE and JACOBS, Circuit Judges.


MESKILL, Circuit Judge:

This is an appeal from an order of the United States Tax Court, Whitaker, J., denying taxpayers' motion to redetermine interest on deficiency of income tax pursuant to 26 U.S.C. § 7481(c) following that court's entry of final judgment in the matter. We affirm for substantially the same reasons set forth in the tax court's order. We take this opportunity, however, to state briefly our view on the scope of the tax court's authority to consider...

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