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WARREN v. C.I.R.

No. 00-71217.

302 F.3d 1012 (2002)

Richard D. WARREN; Elizabeth K. Warren, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2002.

Attorney(s) appearing for the Case

Eileen J. O'Connor, Gilbert S. Rothenberg, Andrea R. Tebbets, Judith A. Hagley, United States Department of Justice, Washington, DC, for the respondent-appellant.

Arthur A. Oshiro, Saavedra & Zufelt, Long Beach, CA, and John C. Eastman, the Claremont Institute Center for Constitutional Jurisprudence, Orange, CA, for the petitioners-appellees.

Frank Sommerville, Hammar & Sommerville, Houston, TX, for amicus National Association of Church Business Administration, et al.

Erwin Chemerinsky, University of Southern California Law School, Los Angeles, CA, as court-appointed amicus.

Before: BROWNING, REINHARDT, and TALLMAN, Circuit Judges.

ORDER; Concurrence by Judge TALLMAN.

ORDER

Professor Erwin Chemerinsky has a filed a motion to intervene in this appeal, while the parties have filed a stipulation of dismissal under Fed.R.App.P. 42(b). We deny Prof. Chemerinsky's motion and dismiss this appeal.

Rev. Richard D. Warren received approximately $80,000 annually from his church as a cash housing allowance. He claimed this entire amount as a tax exclusion under 26 U.S.C. § 107(2)...

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