D.N. v. U.S.

No. 10-35037.

625 F.3d 1222 (2010)

D.N., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 22, 2010.


Attorney(s) appearing for the Case

Christopher D. Hatfield , Hurley, Re, P.C., Bend, OR, for the plaintiff-appellant.

John A. DiCicco , Acting Assistant Attorney General; Kenneth L. Greene and Jennifer M. Rubin (argued), Tax Division, U.S. Department of Justice, Washington, D.C., for the defendant-appellee.

Before: A. WALLACE TASHIMA, RICHARD A. PAEZ and RICHARD R. CLIFTON, Circuit Judges.


OPINION

CLIFTON, Circuit Judge:

After his father died, D.N., a minor, was paid funds held in his father's 401(k) retirement account. Through his legal representative, D.N. acknowledges that the "distributee" of such money is liable for income tax on it but contends that he should not be treated as the distributee of the money due to the particular circumstances. Instead, he argues that his mother, named as the primary beneficiary under the 401(k) plan in...

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