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WIECHENS v. U.S.

No. 00-CV-1858PHX-SMM.

228 F.Supp.2d 1080 (2002)

Donald WIECHENS; Gary and Deborah Wiechens, husband and wife; and Wiechens Properties Limited Partnership, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Arizona.

September 16, 2002.

Attorney(s) appearing for the Case

Jerome E. Elwell, Peter Ambelang, Warner Angle Hallam Jackson & Formanek, PLC, Phoenix, AZ, for plaintiffs.

Jennifer A. Giaimo, U.S. Dept. of Justice, Tax Div., Washington, DC, for defendant.

ORDER

McNAMEE, Chief Judge.

Pending before the Court are Plaintiffs' Motion for Partial Summary Judgment (Doc. # 20) and Defendant's Cross-Motion for Summary Judgment (Doc. # 22). After considering the arguments raised by the parties in their briefing and in oral argument, the Court now issues the following ruling.

BACKGROUND

Plaintiff Donald Wiechens, a single man, and Plaintiffs Gary and Deborah Wiechens, husband and wife ("Plaintiffs...

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