U.S. v. F.D.I.C.

Civ. A. No. 93-621L.

899 F.Supp. 50 (1995)

UNITED STATES of America, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Eastland Savings Bank, and Allan M. Shine, as Receiver of Budlong Manufacturing Co., Inc., Defendants.

United States District Court, D. Rhode Island.

September 27, 1995.


Attorney(s) appearing for the Case

Everett C. Sammartino, Assistant U.S. Attorney, Providence, RI, Charles J. Cannon, U.S. Dept. Of Justice Tax Division, Washington, DC, for plaintiff.

Joseph M. DiOrio, Hickley, Allen & Snyder, Providence, RI, Jonathan W. Fitch, Sally & Fitch, Providence, RI for F.D.I.C.

John T. Walsh, Jr., Higgins, Cavanaugh & Cooney, Providence, RI, for Receiver, Allan M. Shine.


DECISION AND ORDER

LAGUEUX, Chief Judge.

This matter is before the Court on motions filed by both defendants to dismiss the Complaint pursuant to Fed.R.Civ.P. 12(b)(6). Defendants, Federal Deposit Insurance Corporation ("FDIC") and Allan M. Shine ("Shine"), seek to dismiss the claims brought by the United States on behalf of the Internal Revenue Service ("IRS") to recover a capital gains tax generated by the sale of corporate property in a state court...

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