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SINYARD v. COMMISSIONER OF INTERNAL REVENUE

No. 99-71369.

268 F.3d 756 (2001)

James T. SINYARD; Monique T. Sinyard, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2001.

Attorney(s) appearing for the Case

Thomas H. Boyd, Winthrop & Weinstine, P.A., St. Paul, Minnesota, for the petitioners.

Paula M. Junghans, Richard Farber, and Kenneth W. Rosenberg, United States Department of Justice, Tax Division, Washington, D.C., for the respondent.

Before: John T. NOONAN, M. Margaret McKEOWN, and Kim McLane WARDLAW, Circuit Judges.

Argued and Submitted March 16, 2001 — San Francisco, California.

Opinion by Judge NOONAN; Dissent by Judge McKEOWN.

NOONAN, Circuit Judge:

James T. Sinyard and his wife Monique T. Sinyard (the Sinyards) appeal the judgment of the Tax Court determining a deficiency in their income tax for the taxable year 1992. At issue is the taxpayer's liability for attorneys' fees paid pursuant to court order approving the settlement of two class actions brought...

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