SHERBO v. COMMISSIONER OF I.R.

No. 00-1882.

255 F.3d 650 (2001)

Linda M. SHERBO, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 29, 2001.


Attorney(s) appearing for the Case

Douglas A. Drees, West Des Moines, I for appellant.

Gilbert S. Rothenberg, Paula K. Speck, Tax Division, Dept. of Justice, Washington, DC, for appellee.

Before LOKEN and HEANEY, Circuit Judges, and BATAILLON, District Judge.


LOKEN, Circuit Judge.

When two taxpayers claim a tax benefit to which only one is entitled, the Internal Revenue Service may issue "whipsaw" deficiency notices denying the benefit to both until the rightful claimant can be determined. In this case, on their 1995 and 1996 federal income tax returns, Linda M. Sherbo and her ex-husband, Steve, claimed conflicting earned income credits based upon their children. The IRS issued deficiency notices to both taxpayers. Linda...

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