United States Tenth Circuit

A receivership estate created to compensate German victims of securities fraud satisfied the criteria to be a Qualified Settlement Fund that is liable for income taxes on its earnings.

Appellate Information

• Decided 07/08/2003
• Published 07/08/2003

Judges

• Before MURPHY, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and HARTZ, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Joel McElvain, Attorney, Department of Justice, Washington, D.C. (Eileen J. O'Connor, Assistant Attorney General, Thomas J. Clark, Attorney, Department of Justice, Washington, D.C., with him on the briefs, Paul M. Warner, United States Attorney, Salt Lake City, UT, of counsel), for Plaintiff-Appellant.


• For Appellees:
  
• Steven W. Call (Herschel J. Saperstein, Bruce L. Olson, and Steven H. Gunn, with him on the brief), of Ray, Quinney & Nebeker, Salt Lake City, UT, for Receiver-Appellee., Matthew C. Barneck (Diana G. Matkin, with him on the brief), of Richards, Brandt, Miller & Nelson, Salt Lake City, UT, for Appellees.