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U.S. v. SELDERS

Civil Action Nos. 08-12109-RWZ, 08-40197-RWZ.

797 F.Supp.2d 147 (2009)

UNITED STATES of America v. James B. SELDERS and Elizabeth M. Selders. United States of America v. James F. Vacca, Jr. and Jennifer Vacca.

United States District Court, D. Massachusetts.

August 17, 2009.

Attorney(s) appearing for the Case

Alan M. Shapiro, James E. Brown, Julie C. Avetta, U.S. Department of Justice, Washington, DC, for United States of America.

R. Arlen Johnson, Milford, MA, for James F. Vacca, Jr. and Jennifer Vacca.

Peter L. Banis, Boston, MA, for James B. Selders.

John Drew, Joshua N. Cook, Burns & Levinson LLP, Peter L. Banis, Boston, MA, for Elizabeth M. Selders.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

In these consolidated cases, the United States seeks the return of monies it refunded to defendants after they recharacterized certain investment losses for tax years 2000 and 2003 as theft losses. The matter is before me on the parties' cross-motions for summary judgment.

I. Factual Background

A. Undisputed Facts

Both James B. Selders ("Selders," jointly with his wife "the...

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