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MALBON v. U.S.

No. 94-35188.

43 F.3d 466 (1994)

A. Sidney MALBON and Helene J. Malbon, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1994.

Attorney(s) appearing for the Case

Thomas J. O'Rourke, Shaw, Bransford & O'Rourke, Washington, DC, for plaintiffs-appellants.

Charles Bricken, U.S. Dept. of Justice, Tax Div., Washington, DC, for defendant-appellee.

Before: WRIGHT, BEEZER and FERNANDEZ, Circuit Judges.

BEEZER, Circuit Judge:

Taxpayers, A. Sidney Malbon and Helene Malbon, appeal the district court's denial of a refund for the 1987 tax year. The taxpayers contend that they are entitled to a refund for individual income tax paid on Sidney Malbon's lump-sum credit payment received pursuant to the Civil Service Retirement System ("CSRS"). The taxpayers also contend that the "deemed deposit" received as part of the lump-sum payment...

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