Opinion
No. 08-72529.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 16, 2009.
Tennison Dong, Washington, DC, pro se.
David I. Pincus, U.S. Department of Justice, Washington, DC, for Petitioner-Appellant.
Teresa T. Milton, Richard T. Morrison, Esquire, John A. Nolet, Gilbert Steven Rothenberg, Esquire, Deputy Assistant Attorney General, U.S. Department of Justice, Robert R. Di Trolio, Esquire, Clerk, U.S. Tax Court, Donald L. Korb, Esquire, Acting Chief Counsel, Washington, DC, for Respondent-Appellee.
Appeal from a decision of the United States Tax Court, Robert A. Wherry, Jr., Judge, Presiding. Tax Ct. No. 25138-06L.
Before: PREGERSON, CANBY, and BERZON, Circuit Judges.
ORDER
Tennison Dong's petition for panel rehearing is granted.
The memorandum disposition filed on May 26, 2009, 330 Fed.Appx. 674, is withdrawn. A replacement memorandum disposition will be filed concurrently with this order.
Dong's motion to file excerpts of record with his petition for panel hearing is also granted.