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HUTTON v. COMMISSIONER OF INTERNAL REVENUE

No. 20335.

434 F.2d 1313 (1971)

Robert P. HUTTON and Marguerite C. Hutton, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Sixth Circuit.

January 7, 1971.

Attorney(s) appearing for the Case

Carl M. Siegel, Detroit, Mich., for appellants.

William L. Goldman, Tax Division, Dept. of Justice, Washington, D. C., Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Harry Baum, Richard Halberstein, Attys., Tax Division, Dept. of Justice, Washington, D. C., on the brief, for appellee.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

PER CURIAM.

This appeal is from the decision of the United States Tax Court reported at 53 T.C. 37. Reference is made to opinion of the Tax Court for a recitation of the facts. After the Tax Court's decision on October 30, 1969, the Supreme Court announced its opinion in Nash v. United States, 398 U.S. 1, 90 S.Ct. 1550, 26 L.Ed.2d 1.

The taxpayers filed a motion to reverse the decision of the...

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