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ESTATE OF FINK v. U.S.

No. 87-1004.

852 F.2d 153 (1988)

ESTATE OF Essiy FINK, deceased; Martin Bruseloff, Temporary Personal Representative, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Rehearing and Rehearing Denied May 16, 1988.

Attorney(s) appearing for the Case

Paul T. Mengel, Pierce & Pierce, P.C., West Bloomfield, Mich., Robert B. Pierce (argued), Mark C. Pierce, for plaintiff-appellant.

Michael L. Paup, Chief, Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., Gary R. Allen (argued), Michael J. Roach, for defendant-appellee.

Before KRUPANSKY and RYAN, Circuit Judges, and CONTIE, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied May 16, 1988.

RYAN, Circuit Judge.

The plaintiff-appellant, the Estate of Essiy Fink, brought a refund suit in the district court to recover overpayments made in the tax years 1970-1974. The Tax Court had determined that overpayments existed in Essiy Fink's account for the years 1970, 1973, and 1974. Additionally, Essiy had filed claims for refunds of amounts paid in 1971 and 1972. The district court granted the government...

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