RIETHER v. U.S.

Nos. 10-cv-0622-BRB-LAM, 11-cv-0664-BRB-LAM.

919 F.Supp.2d 1140 (2012)

Robert J. RIETHER and Judy Riether, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. New Mexico.

June 21, 2012.


Attorney(s) appearing for the Case

Thomas Smidt, III , Thomas Smidt, II , Tax, Estate & Business Law, Ltd., Albuquerque, NM, Matthew Yackshaw , Day Ketterer Ltd., Canton, OH, for Plaintiffs.

Cynthia E. Messersmith , U.S. DOJ, Tax Division, Dallas, TX, for Defendant.


ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

BOBBY R. BALDOCK, Circuit Judge.

Plaintiffs Robert and Judy Riether filed these consolidated tax refund actions, seeking a refund of approximately $112,440 in taxes, interest paid, and penalty assessments for the taxable years 2003, 2004, and 2006. The larger portion of the dispute in this case involves certain non-cash charitable donations Plaintiffs made during 2001, 2003, and 2004. Plaintiffs...

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