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ADOBE RESOURCES CORP. v. U.S.

No. 91-8342.

967 F.2d 152 (1992)

ADOBE RESOURCES CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 9, 1992.

Attorney(s) appearing for the Case

Jon E. Fisher, Dept. of Justice, Tax Div., Dallas, Tex., Robert S. Pomerance, Gary R. Allen, Chief, Bruce R. Ellisen, Atty., Appellate Sec., Dept. of Justice, Tax Div., Washington, D.C., for defendant-appellant.

T. John Ward, Laurie A. McCluskey, Brown, Maroney, & Oaks Hartline, Houston, Tex., Richard D. Cox, White Cox & Larson, Dallas, Tex., for plaintiff-appellee.

Before GARWOOD and DeMOSS, Circuit Judges, and DUPLANTIER, District Judge.

DeMOSS, Circuit Judge:

Adobe Resources Corporation (Adobe) filed suit seeking to carry back its net operating losses to prior tax years of one of its predecessor corporate groups in order to obtain a tax refund. After a jury trial, the district court entered judgment for Adobe allowing the refund, and the government appealed. We affirm.

I. FACTS

Adobe Oil and Gas, Inc. (Old Adobe) and Madison Resources, Inc. (Madison) were parent corporations of...

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