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NORDVIK v. COMMISSIONER I.R.S.

No. 93-70434.

67 F.3d 1489 (1995)

William G. NORDVIK; Claire N. Nordvik, Petitioners-Appellants, v. COMMISSIONER INTERNAL REVENUE SERVICE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 20, 1995.

Attorney(s) appearing for the Case

John P. McDonnell, Myers, Morley, Myers & McDonnell, Los Altos, California, for petitioners-appellants.

Curtis C. Pett, Tax Division, United States Department of Justice, Washington, D.C., for respondent-appellee.

Before: REINHARDT, RYMER, and HAWKINS, Circuit Judges.

Opinion by Judge HAWKINS; Dissent by Judge REINHARDT.

MICHAEL DALY HAWKINS, Circuit Judge:

We consider here the circumstances under which private parties may recover post-settlement litigation costs incurred in the tax court. Taxpayers Claire and William Nordvik ("the Nordviks") appeal the denial of their motion for such costs, which the tax court based on its finding that the Nordviks had unreasonably protracted the litigation and its conclusion that the...

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