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GROSS v. C.I.R.

Nos. 99-2239, 99-2257.

272 F.3d 333 (2001)

Walter L. GROSS, Jr. and Barbara H. Gross (99-2239); Calvin C. Linnemann and Patricia G. Linnemann (99-2257), Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed November 19, 2001.

Attorney(s) appearing for the Case

Gerald J. Rapien (argued and briefed), James J. Ryan (briefed), Taft, Stettinius & Hollister, Cincinnati, OH, for Petitioners-Appellants.

David I. Pincus (argued and briefed), U.S. Department of Justice, Appellate Section Tax Division, Washington, DC, A. Wray Muoio (briefed), Tax Division, Department of Justice, Washington, DC, for Respondent-Appellee.

Before: DAUGHTREY and CLAY, Circuit Judges; COHN, Senior District Judge.

CLAY, J., announced the judgment of the court and delivered an opinion, in which DAUGHTREY, J., and COHN, D.J., concurred except as to Part II.B.1. COHN, D.J. (pp. 351-56), delivered a separate opinion, in which DAUGHTREY, J. concurred, which constitutes the opinion of the court on the issue addressed in Part II.B.1.

OPINION

CLAY, Circuit Judge.

Taxpayers, Walter L. and Barbara H. Gross, Jr., along with...

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