MURPHREE v. U.S.

No. 88-1321.

867 F.2d 883 (1989)

Hobert E. MURPHREE and Maureen Murphree, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 15, 1989.


Attorney(s) appearing for the Case

Howard A. Weinberger, Dallas, Tex., for plaintiffs-appellants.

Kenneth W. Rosenberg, Gary R. Allen, Chief Appellate Section Tax Div., Dept. of Justice, Wm. S. Rose, Asst. Atty. Gen., David I. Pincus, Washington, D.C., for U.S.

Before REAVLEY, WILLIAMS and JONES, Circuit Judges.


EDITH H. JONES, Circuit Judge:

At issue is whether the Murphrees are entitled to a loss deduction from their income taxes upon the return of misappropriated funds to their closely held company. The district court ruled that the loss deduction was not available because the Murphrees were under no legal obligation to return the misappropriated funds. Concluding that the Murphrees had an obligation to return the funds to the...

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