FERGUSON v. C.I.R.

No. 98-70095.

174 F.3d 997 (1999)

Michael FERGUSON, Valene Ferguson, Roger N. Ferguson and Sybil Ferguson, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1999.


Attorney(s) appearing for the Case

David R. Bosse and Eric M. Casper, Walker Ellsworth, Phoenix, Arizona, for the petitioners-appellants.

Kenneth W. Rosenberg and Teresa T. Milton, United States Department of Justice, Tax Division, Washington, D.C., for the respondent-appellee.

Before: CHOY and TASHIMA, Circuit Judges, and RESTANI, United States Court of International Trade Judge.


CHOY, Circuit Judge:

Petitioners Michael and Valene Ferguson and Roger and Sybil Ferguson ("the Fergusons"), residents of Rexburg, Idaho, appeal the decision of the United States Tax Court, which concluded that the Fergusons could be taxed on the gain in appreciated stock that subsequently was transferred to various charitable organizations. See Ferguson v. Commissioner, 108 T.C. 244, 1997 WL 203699 (1997). The primary issue...

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