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DNA PRO VENTURES, INC. EMPLOYEE STOCK v. C.I.R.

No. 16-1168.

856 F.3d 557 (2017)

DNA PRO VENTURES, INC. EMPLOYEE STOCK OWNERSHIP PLAN, Petitioner-Appellant v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 9, 2017.

Attorney(s) appearing for the Case

Counsel who represented the petitioner was Valerie Ann Cramer of Des Moines, IA.

Counsel who represented the appellee was Joan I. Oppenheimer , of Washington, DC., Randolph Lyons Hutter of Washington, DC.

Before LOKEN, MURPHY, and KELLY, Circuit Judges.

Dr. Daniel Prohaska and his wife formed DNA Pro Ventures, Inc. ("DNA"), and established the DNA Pro Ventures, Inc. Employee Stock Ownership Plan ("ESOP") in November 2008. After an investigation, the Internal Revenue Service ("IRS") issued a Notice of Deficiency to the ESOP's Trust based on a final determination that the Trust...

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