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HUNDLEY v. MARSH

SJC-10729.

459 Mass. 78 (2011)

JANICE HUNDLEY v. JANICE MARSH, trustee.

Supreme Judicial Court of Massachusetts, Suffolk.

March 7, 2011.

Attorney(s) appearing for the Case

Kathleen R. Cruickshank for the defendant.

Todd B. Gordon for the plaintiff.

Carmen Milagros Ortiz , United States Attorney, John A. DiCicco , Acting Assistant United States Attorney General, Jonathan S. Cohen & Rachel I. Wollitzer , of the District of Columbia, & Teresa E. McLaughlin , for the United States, amicus curiae, submitted a brief.

Present: IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

COWIN, J.

This case arises from the bankruptcy proceeding of Kirk Hundley (husband). At issue is the ownership of a Federal tax refund originating from a joint income tax return filed by Janice Hundley (plaintiff) and her husband. Only the husband generated income in the relevant tax year. The trustee of the husband's bankruptcy estate, Janice Marsh (trustee), claimed the entire refund for the estate. The case is before us...

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