William D. Sellers, Jr., and Virginia F. Sellers v. United States

TATE, Circuit Judge:

Three of the issues in this taxpayers’ tax-refund suit and the facts relating thereto are identical to those in another appeal arising out of a suit by another taxpayer involving the same transactions. General Housewares Corporation v. United States, 615 F.2d 1056. The issues common to both suits are decided by the opinion in that appeal.

In the present opinion, we will note briefly our reasons for affirming the district court’s decision in favor of the present taxpayers on the only issue not common to both suits. Sellers v. United States, 76-2 U.S.T.C. ¶ 9706…