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BUCHINE v. C.I.R.

Nos. 93-4977, 93-4990.

20 F.3d 173 (1994)

Mark BUCHINE, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Respondent-Appellee. Karen C. BUCHINE, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied June 16, 1994.

Attorney(s) appearing for the Case

Shelley Cashion, George Connelly, Jr., Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Mark Buchine.

Janet A. Bradley, William S. Estabrook, Gary R. Allen, Chief Appellate Sec. Tax Div., Dept. of Justice, Abraham N.M. Shashy, Jr., Chief Cnsl., IRS, Washington, DC, William G. Bissell, Off. of Dist. Cnsl., IRS, Houston, TX, for C.I.R. in No. 93-4977.

Karne C. Buchine, pro se.

Neil M. Rosenstein, Levin & Kasner, Houston, TX, for Karen C. Buchine.

Abraham Shashy, Jr., Chief Cnsl., IRS, Janet A. Bradley, Gary R. Allen, Chief Appellate Sec., Tax Div., William S. Estabrook, U.S. Dept. of Justice, Washington, DC, for C.I.R. in No. 93-4990.

Before ALDISERT, REYNALDO G. GARZA and DUHÉ, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied June 16, 1994.

REYNALDO G. GARZA, Circuit Judge:

Mark and Karen Buchine appeal a decision from the United States Tax Court holding them liable for tax deficiencies. We find that the Tax Court did not go beyond its statutorily prescribed jurisdiction by applying the equitable principle of reformation. We further find that the Tax Court did not clearly err in finding that a written agreement existed between...

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