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U.S. v. FORT

No. 10-13053.

638 F.3d 1334 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Danny C. FORT, Sherri E. Fort, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 19, 2011.

Attorney(s) appearing for the Case

Francesca U. Tamami , Kenneth L. Greene , Gilbert S. Rothenberg , U.S. Dept. of Justice, Tax Div., Lynne M. Murphy , Washington, DC, for U.S.

A. Todd Merolla , Metrolla & Gold, LLP, Atlanta, GA, Mark L. Rosenberg , Law Offices of Mark L. Rosenberg, Julian H. Spirer , Spirer Law Firm, Bethesda, MD, for Defendants-Appellants.

Before MARCUS and ANDERSON, Circuit Judges, and ALBRITTON, District Judge.

ALBRITTON, District Judge:

This case presents an appeal by Danny C. Fort ("Fort")1 of a grant of summary judgment in favor of the United States. The government brought this action against Fort to recover a tax refund of over $300,000 that it contends was erroneously refunded. For the reasons set forth below, we affirm the district court's entry of summary judgment in favor of the government.

I. BACKGROUND

A. Ernst...

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