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POLONE v. C.I.R.

No. 04-72672.

505 F.3d 966 (2007)

Gavin POLONE, Petitioner, v. COMMISSIONER of INTERNAL REVENUE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2007.

Attorney(s) appearing for the Case

James M. Harris, Edwin L. Norris, Jonathan M. Brenner, Sidley Austin Brown & Wood LLP, for appellant Gavin Polone.

Bridget M. Rowan, Kenneth L. Greene, Eileen J. O'Connor, United States Department of Justice, for appellee Commissioner of the Internal Revenue Service.

Before: JEROME FARRIS and SIDNEY R. THOMAS, Circuit Judges, and GEORGE SCHIAVELLI, District Judge.

ORDER

The opinion filed March 12, 2007, is withdrawn and a substituted opinion is filed concurrently with this order.

With the filing of the opinion, the panel has voted to deny the petition for rehearing. Judge Thomas voted to reject the suggestion for rehearing en banc and Judges Farris and Schiavelli so recommend.

The full court has been advised of the suggestion for rehearing en banc, and no judge of the court has requested a vote on the suggestion...

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