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SCHACHTER v. COMMISSIONER OF INTERNAL REV.

No. 99-71436.

255 F.3d 1031 (2001)

Martin SCHACHTER; Barbara Schachter, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2001.

Attorney(s) appearing for the Case

Martin A. Schainbaum and David B. Porter, San Francisco, California, for the appellants.

A. Wray Muoio, Attorney, Tax Division, Department of Justice, Washington, D.C., for the appellee.

Before: Procter Hug, Jr., John T. Noonan, and William A. Fletcher, Circuit Judges.

Argued and Submitted February 14, 2001 — San Francisco, California.

Opinion by Judge Hug.

ORDER AND OPINION

HUG, Circuit Judge:

ORDER

The "Request for Publication of Memorandum Disposition" is GRANTED. The Memorandum disposition filed March 22, 2001, is redesignated as an authored Opinion by Judge Hug. There are minor modifications to the disposition.

OPINION

In this case we decide whether the Tax Court...

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