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U.S. v. McFERRIN

No. 08-20377.

570 F.3d 672 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur R. McFERRIN; Dorothy F. McFerrin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 9, 2009.

Attorney(s) appearing for the Case

Bethany Buck Hauser (argued), Kenneth L. Greene, U.S. Dept of Justice, Tax Div. App. Section, Washington, DC, Michael D. Powell, U.S. Dept. of Justice, Tax Div., Dallas, TX, for U.S.

Jeremy M. Fingeret (argued), Michael A. Thompson, Fingeret, Frank & Jadav, Houston, TX, for Defendants-Appellants.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

The United States brought suit against Arthur R. McFerrin ("McFerrin"1) seeking to recover a tax credit that the government alleges was erroneously paid by the Internal Revenue Service ("IRS") to McFerrin. After a six day bench trial, the district court held that the government had proved by a preponderance of the evidence that the tax credit was not properly supported and, consequently, should not have...

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