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NACCHIO v. U.S.

2015-5114, 2015-5115.

824 F.3d 1370 (2016)

Joseph P. NACCHIO, Anne M. Esker, Plaintiffs-Cross-Appellants v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: June 10, 2016.

Attorney(s) appearing for the Case

THOMAS A. GENTILE , Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Florham Park, NJ, argued for plaintiffs-cross-appellants. Also represented by WILLIAM D. LIPKIND , Lampf, Lipkind, Prupis & Petigrow PC, West Orange, NJ.

JACOB EARL CHRISTENSEN , Tax Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by CAROLINE D. CIRAOLO , DIANA L. ERBSEN , GILBERT STEVEN ROTHENBERG , RICHARD FARBER.

Before O'MALLEY, CLEVENGER, and BRYSON, Circuit Judges.

This is a tax case arising out of a criminal conviction for insider trading. Joseph P. Nacchio and Anne M. Esker ("Nacchio")1 filed this action in the Court of Federal Claims seeking an income tax credit of $17,974,832 for taxes paid on trading profits of $44,632,464.38, which Nacchio was later...

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