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BALDWIN v. U.S.

Nos. 17-55115, 17-55354.

921 F.3d 836 (2019)

Howard L. BALDWIN; Karen Baldwin, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2019.

Attorney(s) appearing for the Case

Nathaniel S. Pollock (argued), Joan I. Oppenheimer , and Gilbert S. Rothenberg , Attorneys; Richard E. Zuckerman , Principal Deputy Assistant Attorney General; Tax Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellant.

Robert Wayne Keaster (argued), Chamberlin & Keaster LLP, Encino, California, for Plaintiffs-Appellees.

Before: Susan P. Graber and Paul J. Watford, Circuit Judges, and Jack Zouhary, District Judge.

OPINION

Howard and Karen Baldwin filed this action to obtain a refund of taxes they paid for the 2005 tax year. After a bench trial, the district court entered judgment in their favor, awarding them a refund of roughly $167,000 plus litigation costs of $25,000. We conclude that the district court lacked the authority...

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