June 12, 1989
COMMISSIONER OF INTERNAL REVENUE, PETITIONER
MICHAEL F. FOLEY, ET UX.
C.A. 2d Cir. Reported below: 844 F.2d 94.
Rehnquist, White, Marshall, Blackmun, Stevens, O'Connor, Scalia
The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of Hernandez v. Commissioner of Internal Revenue, 490 U.S. (1989). Justice Brennan and Justice Kennedy took no part in the consideration or decision of this case.
Certiorari granted, vacated and remanded.
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