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IN RE LILLY

Nos. 95-1238, 95-1696.

76 F.3d 568 (1996)

In re Grace LILLY, Debtor. Grace LILLY, Plaintiff-Appellee, v. INTERNAL REVENUE SERVICE, Defendant-Appellant. In re Grace LILLY, Debtor. Grace LILLY, Plaintiff-Appellant, v. INTERNAL REVENUE SERVICE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 20, 1996.

Attorney(s) appearing for the Case

ARGUED: Curtis Clarence Pett, Tax Division, United States Department of Justice, Washington, DC, for Appellant. C. Page Hamrick, III, Charleston, West Virginia, for Appellee. ON BRIEF: Loretta C. Argrett, Assistant Attorney General, Rebecca E. Betts, United States Attorney, Gary R. Allen, David English Carmack, Tax Division, United States Department of Justice, Washington, DC, for Appellant.

Before HAMILTON, WILLIAMS and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge WILLIAMS and Judge MOTZ joined.

OPINION

HAMILTON, Circuit Judge:

The Internal Revenue Service (IRS) appeals the district court's decision affirming the bankruptcy court's decision in favor of the debtor, Grace Lilly. Grace Lilly cross-appeals the district court's denial of her motion for attorney's fees as the prevailing party. The IRS's appeal presents the question of...

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