George Lattera; Angeline Lattera v. Commissioner of Internal Revenue

Honorable Dickinson R. Debevoise, Senior District Court Judge for the District of*
New Jersey, sitting by designation.
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-4721
GEORGE LATTERA; ANGELINE LATTERA,
Appellants
v.
COMMISSIONER OF INTERNAL REVENUE
Appeal from the Decision of the
United States Tax Court
Docket No. 03-4269
Tax Court Judge: Honorable Juan F. Vasquez
Argued January 9, 2006
Before: BARRY and AMBRO, Circuit Judges,
and DEBEVOISE, District Judge*
(Opinion filed February 14, 2006)
ORDER AMENDING PUBLISHED OPINION
AMBRO, Circuit Judge
IT IS NOW ORDERED that the published Opinion in the above case filed
February 14, 2006, be amended as follows:

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On page 5, sixth line in the first paragraph, insert a comma between “that”
and “when”.
On page 5, seventh line in the first paragraph, replace “that sale” with “the
sale”.
On page 19, second line up from the bottom of the page, delete “stocks or”
and “both of” so that the parenthetical sentence reads “(This can be seen in the sale of
bonds, which produce ordinary income, but the sale of which is treated as capital gain.)”.
On page 20, first line on the page, change “concept” to “distinction”, so
that the phrase reads: “Sinclair explains the distinction”.
On page 20, first paragraph, lines 8–10, delete:
“; see also Rhodes’ Estate v. Comm’r, 131 F.2d 50, 50 (6th Cir. 1942) (per
curiam) (holding that a sale of dividend rights is taxable as ordinary
income).”
and, in its place, insert:
“(Of course, in the wake of dividend tax reform, stock dividends are now
taxed as capital gains. I.R.C. § 1(h)(11).)”
Thus, lines 8–10 will now read: “payments. Id. (Of course, in the wake of
dividend tax reform, stock dividends are now taxed as capital gains. I.R.C. § 1(h)(11).)
For the right to earn”.
By the Court,
/s/ Thomas L. Ambro, Circuit Judge
Dated: April 5, 2006

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