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FINNEGAN v. C.I.R.

No. 17-10676.

926 F.3d 1261 (2019)

John FINNEGAN, Joan Finnegan, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 11, 2019.

Attorney(s) appearing for the Case

Frank Agostino , Valerie Vlasenko , Agostino & Associates, PC, HACKENSACK, NJ, Lawrence Anthony Sannicandro, Jr. , McCarter & English, LLP, NEWARK, NJ, Jared J. Scharf , Law of Jared J. Scharf, WHITE PLAINS, NY, Petitioners-Appellants.

Andrew Weiner , Michael J. Haungs , Gilbert Steven Rothenberg , U.S. Department of Justice, Chief Appellate Section Tax Division, WASHINGTON, DC, Michael J. De Matos , Rose E. Gole , Gennady Zilberman , Chief Counsel — IRS, NEW YORK, NY, William J. Wilkins , Chief Counsel — IRS, WASHINGTON, DC, for Respondent-Appellee.

Before TJOFLAT, and WILLIAM PRYOR, Circuit Judges, and MURPHY, District Judge.

As many of us do, John and Joan Finnegan ("Taxpayers") hired someone to prepare their tax returns. For eight years, Taxpayers' return preparer included bogus claims on their returns. Taxpayers apparently were oblivious to this. The return preparer was indicted for his fraudulent behavior and pled guilty. Eventually, the IRS...

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