1. Home
  2. Browse Decisions
  3. F.3d
  4. 554 F.3d
  5. 554 F.3d 183 (2009)
 

MUSKAT v. U.S.

No. 08-1513.

554 F.3d 183 (2009)

Irwin MUSKAT and Margery Muskat, Plaintiffs, Appellants, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 29, 2009.

Attorney(s) appearing for the Case

James E. Higgins, with whom James E. Higgins, PLLC, John-Mark Turner, and Sheehan, Phinney, Bass + Green, P.A. were on brief, for appellants.

Teresa T. Milton, Attorney, Tax Division, with whom Nathan J. Hochman, Assistant Attorney General, Thomas P. Colantuono, United States Attorney, and Bruce R. Ellisen, Attorney, Tax Division, were on brief, for appellee.

Before LYNCH, Chief Judge, SELYA and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

This case turns on the appropriate tax treatment of a contractual payment initially reported as ordinary income but later recharacterized as a capital gain. The Internal Revenue Service (IRS) denied a requested refund and, following a bench trial, the district court upheld that action.

This appeal touts four claims of error, the most significant of which require us to elaborate upon the use and meaning of,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases