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SKLAR v. C.I.R.

No. 00-70753.

282 F.3d 610 (2002)

Michael SKLAR; Marla Sklar, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2002.

Amended February 27, 2002.

Attorney(s) appearing for the Case

Jeffrey I. Zuckerman, Curtis, Mallet-Prevost, Colt & Mosle, Washington, DC, for the appellants.

Thomas J. Sawyer, Attorney, Tax Division, Department of Justice, Washington, DC, for the appellee.

David Zwiebel, New York, NY, for amicus curiae Agudath Israel of America, in support of the appellants.

Before PREGERSON, REINHARDT and SILVERMAN, Circuit Judges.

Opinion by Judge REINHARDT; Concurrence by Judge SILVERMAN

AMENDED OPINION

REINHARDT, Circuit Judge.

The taxpayer-petitioners in this action, Michael and Marla Sklar, challenge the Internal Revenue Service's ("IRS") disallowance of their deductions, as charitable contributions, of part of the tuition payments made to their children's religious schools. In the notice of deficiency sent to the Sklars, the...

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