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E.F. HUTTON GROUP, INC. v. U.S.

Appeal No. 86-992.

811 F.2d 581 (1987)

The E.F. HUTTON GROUP, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 4, 1987.

Attorney(s) appearing for the Case

M. Bernard Aidinoff, Sullivan and Cromwell, New York City, argued for appellant. With him on the brief was David P. Hariton, New York City.

Michael L. Paup, Tax Div., U.S. Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were Roger M. Olsen, Asst. Atty. Gen. and Steven I. Frahm, Washington, D.C.

Before RICH and DAVIS, Circuit Judges, and SKELTON, Senior Circuit Judge.

DAVIS, Circuit Judge.

This tax refund case comes to us from the United States Claims Court which held for the Government on cross-motions for summary judgment. We affirm.

I.

Background

The hard facts were stipulated and are not in dispute. In 1974 and 1975, plaintiff-appellant, taxpayer E.F. Hutton Group, Inc., filed consolidated income tax returns as the parent company of E.F. Hutton and...

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