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POLITTE v. U.S.

Civil No. 07cv1950 AJB (WVG).

Robert A. Politte, et al., Plaintiffs, v. United States of America, Defendant.

United States District Court, S.D. California.

March 21, 2012.

Attorney(s) appearing for the Case

Robert A. Politte, Plaintiff, represented by Brian F. Huebsch, Anderson & Jahde, PC, Nicholas J. Richards, Anderson & Jahde PC, Richard A Carpenter, Law Offices of Richard A Carpenter & Steven R. Anderson, Anderson & Jahde, PC.

Joan M. Politte, Plaintiff, represented by Brian F. Huebsch, Anderson & Jahde, PC, Nicholas J. Richards, Anderson & Jahde PC, Richard A Carpenter, Law Offices of Richard A Carpenter & Steven R. Anderson, Anderson & Jahde, PC.

TRKSS, LLC, Plaintiff, represented by Brian F. Huebsch, Anderson & Jahde, PC, Nicholas J. Richards, Anderson & Jahde PC, Richard A Carpenter, Law Offices of Richard A Carpenter & Steven R. Anderson, Anderson & Jahde, PC.

United States of America, Defendant, represented by Thomas C Stahl, U S Attorneys Office Southern District of California & Lauren M. Castaldi, United States Department of Justice.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ANTHONY J. BATTAGLIA, District Judge.

This is an action for refund by Robert A. and Joan M. Politte (hereinafter the "Polittes") and TRKSS, LLC pursuant to 26 U.S.C. § 7426(a)(4) of the Internal Revenue Code that came before the Court for a bench trial on September 26 to October 5, 2011.1 The Polittes request the refund of $343,987.03, plus interest as provided by law, which the IRS...

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