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IN RE BANKUNITED FINANCIAL CORP.

No. 12-11392.

727 F.3d 1100 (2013)

In re BANKUNITED FINANCIAL CORPORATION, et al., Debtors, Clifford A. Zucker, Plan Administrator, CRE America Corporation, BU Realty Corporation, Plaintiffs-Appellees, v. FDIC, in its capacity as Receiver of BankUnited, FSB, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 15, 2013.

Attorney(s) appearing for the Case

Elliot H. Scherker , Rachel Ann Canfield , Stephanie L. Varela , Greenberg Traurig, LLP, Miami, FL, Mark David Bloom , John R. Dodd , Scott M. Grossman , Greenberg Traurig, LLP, Fort Lauderdale, FL, for Plaintiff-Appellee.

Michelle Ognibene , Sonya L. Levine , Kathryn R. Norcross , Federal Deposit Insurance Corporation, Arlington, VA, Andrew Kratenstein , McDermott Will & Emery, LLP, New York, NY, Steven E. Siff , McDermott Will & Emery, LLP, Miami, FL, for Defendant-Appellant.

Before TJOFLAT, PRYOR, and FAY, Circuit Judges.

TJOFLAT, Circuit Judge:

I.

United States Department of Treasury regulations provide that a parent corporation may file in its own name a consolidated income tax return for itself and its subsidiary corporations (the "Consolidated Group" or "Group").1 In addition to filing the tax return in its own name, the parent corporation receives in its name any income tax refunds due the members of the Consolidated Group.

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