SMITH v. C.I.R.

No. 94-40709.

65 F.3d 37 (1995)

John C. and Jean P. SMITH, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 25, 1995.


Attorney(s) appearing for the Case

John J. McKetta, III, Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, Boyce C. Cabaniss, James F. Martens, Stahl & Martens, Austin, TX, for appellants.

Joan Oppenheimer, Gary R. Allen, Chief, William S. Estabrook, Appellate Section, Tax Div., Dept. of Justice, Washington, DC, David L. Jordan, Acting Chief Counsel, I.R.S., Washington, DC, for appellee.

Before POLITZ, Chief Judge, REAVLEY and EMILIO M. GARZA, Circuit Judges.


POLITZ, Chief Judge:

John C. and Jean P. Smith, husband and wife, appeal the judgment of the tax court determining a deficiency of $123,930 in their joint income tax for 1987. We affirm.

Background

In 1981 John Smith and Robert L. Bennett incorporated Smith-Bennett Properties, Inc. for the purchase and development of real estate. Three years later the corporation and several other investors formed a joint venture, Spicewood Springs Venture...

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