FIRSDON v. U.S.

No. 95-3097.

95 F.3d 444 (1996)

Jack L. FIRSDON and Ruth A. Firsdon, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 12, 1996.


Attorney(s) appearing for the Case

Samuel B. Morrison (argued and briefed), Toledo, OH, for Plaintiffs-Appellants.

Gary R. Allen, Acting Chief (briefed), Kenneth W. Rosenberg, Patricia Bowman (argued), U.S. Department of Justice, Appellate Section Tax Division, Washington, DC, for Defendant-Appellee.

Before: NELSON and MOORE, Circuit Judges; CLELAND, District Judge.


MOORE, Circuit Judge.

In this tax refund case, plaintiffs lay claim to net operating loss deductions purportedly left over from their liquidated bankruptcy estate. The district court granted summary judgment for the United States on two grounds: (1) the refund claims for tax years 1986 and 1987 were time barred; (2) no net operating losses remained for the plaintiffs after such losses were reduced by the amount of debt discharged in the estate's bankruptcy proceeding...

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