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ESTATE OF SHAPIRO v. U.S.

No. 08-17491.

634 F.3d 1055 (2011)

ESTATE OF Bernard SHAPIRO; Clyde E. Pitchford; Steven R. Scow, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2011.

Attorney(s) appearing for the Case

John M. Youngquist (argued), San Francisco, CA, Donald L. Feurzeig of Feurzeig, Mark & Chavin, LLP, San Francisco, CA, for the appellant.

Carol Barthel (argued) and Jonathan S. Cohen , United States Department of Justice, Tax Division, Washington, DC, for the appellee.

Opinion by Judge SILVERMAN; Partial Concurrence and Partial Dissent by Judge TASHIMA.

OPINION

SILVERMAN, Circuit Judge:

Bernard Shapiro and Cora Jane Chenchark lived together for twenty-two years, but they never married. Over those twenty-two years, Chenchark cooked, cleaned, and managed their household. When they broke up, she filed a palimony suit against him in state court. While the suit was pending, he died. In the context of this tax refund lawsuit filed by Shapiro's estate, the district court held that Chenchark's homemaking services...

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