SPENCER MEDICAL ASSOCIATES v. C.I.R.

No. 97-2149.

155 F.3d 268 (1998)

SPENCER MEDICAL ASSOCIATES; Automotive Ventures, Incorporated, formerly known as Spencer Toyota, Incorporated, Tax Matters Partner, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 22, 1998.


Attorney(s) appearing for the Case

ARGUED: John David Copeland, Law Offices of John D. Copeland, P.C., Dallas, Texas, for Appellants. Alice Lizbeth Ronk, Tax Division, United States Department of Justice, Washington, DC, for Appellee. ON BRIEF: Loretta C. Argrett, Assistant Attorney General, Kenneth L. Greene, Tax Division, United States Department of Justice, Washington, DC, for Appellee.

Before WIDENER and MOTZ, Circuit Judges, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.


Affirmed in part and dismissed in part by published opinion. Judge MOTZ wrote the opinion, in which Judge WIDENER and Judge HOWARD joined.

DIANA GRIBBON MOTZ, Circuit Judge:

Spencer Medical Associates (SMA) appeals from a decision of the United States Tax Court sustaining an adjustment assessed by the Internal Revenue Service (IRS) to the ordinary income reported on SMA's 1990 partnership tax return, and from an order of the tax court denying a motion for...

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