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RUBIN v. U.S.

No. 16-56633.

904 F.3d 1081 (2018)

Thomas E. RUBIN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2018.

Attorney(s) appearing for the Case

Evan Christopher Borges , (argued), Greenberg Gross LLP, Costa Mesa, California for Plaintiff-Appellant.

Geoffrey J. Klimas , (argued) and Bruce R. Ellisen , Attorneys, Tax Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellee.

Before: Richard R. Clifton and Consuelo M. Callahan, Circuit Judges, and Kenneth M. Hoyt, District Judge.

OPINION

Plaintiff-appellant Thomas E. Rubin appeals the judgment entered by the district court in favor of the Government in his tax refund action. Rubin was the sole shareholder of a subchapter S corporation. The income and losses of the S corporation were not taxed at the corporate level but instead flowed through...

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