OREN v. C.I.R.

No. 03-1448.

357 F.3d 854 (2004)

Donald G. OREN; Beverly J. Oren, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 12, 2004.


Attorney(s) appearing for the Case

Myron L. Frans, Minneapolis, MN, argued, for appellant.

Andrea R. Tebbets, Dept. of Justice, argued, Washington, DC (Teresa E. McLaughlen, on the brief), for appellee.

Before LOKEN, Chief Judge, WOLLMAN, and HANSEN, Circuit Judges.


WOLLMAN, Circuit Judge.

This appeal follows the tax court's ruling affirming the Commissioner of Internal Revenue's ("Commissioner") determination of deficiencies in Donald G. and Beverly J. Oren's (collectively "Orens") 1993, 1994, and 1995 joint tax returns. The tax court held that because the funds Mr. Oren ("Oren") purportedly loaned to two S corporations1 were neither "actual economic outlays" nor "at risk," the Orens were not entitled...

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