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POWERS v. C.I.R.

Nos. 94-40005, 94-40006 and 94-40007.

51 F.3d 34 (1995)

M. Lane POWERS, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 13, 1995.

Attorney(s) appearing for the Case

Robert I. White, Lawrence Sherlock, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for appellant.

David L. Jordan, Acting Chief Counsel, I.R.S., Washington, DC, Thomas J. Clark, Richard Farber, Gary R. Allen, Chief Appellate Section, Tax Div., Dept. of Justice, Washington, DC, for appellee.

Before GARWOOD, JOLLY and STEWART, Circuit Judges.

STEWART, Circuit Judge:

In our opinion in this case, reported at Powers v. Commissioner, 43 F.3d 172 (5th Cir.1995), we concluded that taxpayer M. Lane Powers, as a prevailing party, was entitled to the litigation costs that related to his success on appeal.1 Of the issues in dispute in the consolidated appeal, we determined that Powers had prevailed on the...

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