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ESTATE OF LISLE v. C.I.R.

Nos. 01-60639 to 01-60642.

431 F.3d 439 (2005)

ESTATE OF Robert W. LISLE, Deceased; Estate of Donna M. Lisle, Deceased, Petitioners-Appellants, Thomas W. Lisle, Independent Co-Executor; Amy L. Albrecht, Independent Co-Executor, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 22, 2005.

Attorney(s) appearing for the Case

Vester T. Hughes, Jr., Robert Edwin Davis, Hughes & Luce, David John Schenck, Jones Day, Dallas, TX, Royal Bernard Martin, Jr., Steven Spencer Brown, Martin, Brown & Sullivan, Chicago, IL, for all Appellants.

Joan I. Oppenheimer, Kenneth L. Greene, Steven W. Parks, Tax Div., App. Section, Eileen J. O'Connor, Asst. Atty. Gen., U.S. Dept. of Justice, Charles Casazza, Clerk, U.S. Tax Court, N. John Williams, Jr., IRS, Washington, DC, for Appellee.

Before HIGGINBOTHAM and DeMOSS, Circuit Judges.

PER CURIAM:

Upon reconsideration by the panel of its mandate issued in this case,1 under these unusual circumstances, in the interest of fairness, and to prevent possible injustice, we recall the mandate, as requested by appellants.2

Our mandate left open only the claim of tax deficiency to allow only a recalculation of tax in light of our opinion. Nothing in the events today persuading this court to...

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