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ESTATE OF PALUMBO v. U.S.

No. 11-2371.

675 F.3d 234 (2012)

ESTATE OF Antonio J. PALUMBO, Deceased, PNC Bank, National Association, Executor, Appellant v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Filed: April 2, 2012.

Attorney(s) appearing for the Case

Louis A. Prosperi, Esq. [Argued], Law Office of Louis A. Prosperi, John P. Iurlano, Esq. , Pittsburgh, PA, Steven L. Sablowsky, Esq. , Goldblum & Sablowsky LLC, Homestead, PA, for Estate.

Tamara W. Ashford, Esq. , Jonathan S. Cohen, Esq. , Randolph L. Hutter, Esq. [Argued], Christopher Williamson, Esq. , United States Department of Justice Tax Division, Washington, DC, for Government.

Before: SCIRICA, and AMBRO and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

The Estate of Antonio J. Palumbo ("the Estate") prevailed in its suit against the United States when the District Court ruled it was entitled to a tax refund. The Estate then sought recovery of all of its attorneys' fees and costs under 26 U.S.C. § 7430, and alternatively the fees and costs it incurred after December 16, 2010 under the theory that the government rejected its qualified offer made pursuant...

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