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BENSON v. C.I.R.

No. 07-72272.

560 F.3d 1133 (2009)

Burton O. BENSON; Elizabeth C. Benson, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2009.

Attorney(s) appearing for the Case

John M. Youngquist, San Francisco, CA, for petitioners Burton Benson and Elizabeth Benson.

Ellen Page DeSole, Department of Justice, Tax Division, Washington, D.C.; Michael J. Huangs, Department of Justice, Tax Division, Washington, D.C.; Nathan J. Hochman, Assistant Attorney General, for respondent Commissioner of Internal Revenue.

Before: J. CLIFFORD WALLACE, JEROME FARRIS and M. MARGARET McKEOWN, Circuit Judges.

FARRIS, Senior Circuit Judge:

Burton and Elizabeth Benson, husband and wife, filed joint tax returns between September 1994 and December 1995 for the years 1989, 1990, 1993, and 1994.1 Burton was a retired Navy admiral and engineer, and was the 100 percent owner of Energy Research and Generation. ERG, a subchapter C corporation, filed its own tax returns and paid its own taxes. Burton Benson...

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