C.I.R. v. DRISCOLL

No. 11-12454.

669 F.3d 1309 (2012)

COMMISSIONER OF IRS, Petitioner-Appellant, v. Philip A. DRISCOLL, Lynn B. Driscoll, a.k.a. Donna L. Driscoll, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 8, 2012.


Attorney(s) appearing for the Case

Kenneth W. Rosenberg , Richard Farber , Gilbert S. Rothenberg , U.S. Dept. of Justice, Tax Div., App. Section, William J. Wilkins , Chief Counsel—IRS, Washington, DC, for Petitioner-Appellant.

Brooke A. Asiatico , Katari Dawn Buck , Asiatico & Associates, PLLC, Richardson, TX, for Respondents-Appellees.

Before MARTIN and ANDERSON, Circuit Judges, and SCHLESINGER, District Judge.


PER CURIAM:

The Commissioner of the Internal Revenue Service appeals the decision of the Tax Court allowing taxpayers to apply the parsonage allowance income exclusion of Internal Revenue Code § 107(2) to multiple houses. For the following reasons, we reverse the Tax Court.

The facts of this case are straightforward and uncontested. From 1996 to 1999, taxpayers Philip A. Driscoll and Lynne B. Driscoll owned more than one residence—a principal residence...

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