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ALDERSON v. U.S.

No. CV09-6155 SVW (MLGx).

718 F.Supp.2d 1186 (2010)

James F. and Connie B. ALDERSON; Justin W. and Kristen N. Alderson; and Jennifer A. and Walter Page, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, C.D. California.

May 27, 2010.

Attorney(s) appearing for the Case

David B. Porter, Robert Warren Wood, Wood & Porter, San Francisco, CA, for Plaintiffs.

Thomas Derrick Coker, AUSA—Office of U.S. Attorney, Los Angeles, CA, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDMENT [11]; DENYING PLAITIFFS' MOTION FOR SUMMARY JUDGMENT [17]

STEPHEN V. WILSON, District Judge.

I. INTRODUCTION

Plaintiffs seek to obtain a tax refund by characterizing their False Claims Act qui tam award as capital gains rather than ordinary income. Plaintiffs' Complaint presents a question of first impression

II. FACTS

Plaintiff Jim Alderson was the Chief Financial Officer...

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