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YONADI v. C.I.R.

Nos. 93-7353 & 93-7354.

21 F.3d 1292 (1994)

Vincent YONADI and Nancy Yonadi, Appellants, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Mollie E. YONADI, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Appellant, Vincent Yonadi and Nancy Yonadi (Appellants in No. 93-7353), Commissioner of Internal Revenue Service (Appellant in No. 93-7354).

United States Court of Appeals, Third Circuit.

Decided April 14, 1994.

Attorney(s) appearing for the Case

Andrew P. Fradkin (argued), Bruce E. Goldman, Goldman, Jacobson, Kramer Fradkin & Starr, P.C., Roseland, NJ, for appellants Vincent and Nancy Yonadi.

Mollie E. Yonadi, appellee, no appearance.

Gary R. Allen, David English Carmack (argued), Janice B. Geier, Dept. of Justice, Tax Div., Washington, DC, for C.I.R.

Before: STAPLETON, COWEN and ALITO, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge:

Vincent Yonadi (Vincent) and Nancy Yonadi appeal from a United States Tax Court order determining a deficiency in their federal income tax due for 1986. The Tax Court held that Vincent was liable for the capital gains tax attributable to the portion of the sale proceeds of certain appreciated assets distributed to his former wife, Mollie E. Yonadi (Mollie), pursuant to a divorce settlement agreement entered under...

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