UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

KENNETH D. SHEPHERD, MARTHA A. GREGORY,

Petitioners - Appellants,

v.

COMMISSIONER OF INTERNAL REVENUE,

Respondent - Appellee.

No. 97-9011

(D.C. No. 20377-95)

(Commissioner of Internal Revenue)

ORDER AND JUDGMENT*

Before BALDOCK, MCKAY and LUCERO, Circuit Judges.

Upon careful consideration of the record, the briefs of the parties, the district court's order, and the applicable law, we AFFIRM for substantially the reasons stated in the opinion of the U.S. Tax Court.

The mandate shall issue forthwith.

ENTERED FOR THE COURT

Carlos F. Lucero

Circuit Judge