United States Third Circuit

Denial of plaintiff's request for a refund of tax overpayment regarding canceled insurance contracts is reversed where the tax court improperly discounted expert testimony tending to establish plaintiff's basis in the disputed contracts, and the tax court's determination of zero basis was inconsistent with the facts and clearly erroneous.

Appellate Information

• Argued 04/20/2005
• Decided 12/05/2005
• Published 12/05/2005

Judges

• Before ROTH, FUENTES, and BECKER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Peter H. Winslow (Argued), Samuel A. Mitchell, Scribner, Hall & Thompson, LLP, Washington, D.C., for Appellant., Eileen J. O'Connor, Assistant Attorney General, Jonathan S. Cohen, Steven W. Parks (Argued), Tax Division, United States Department of Justice, Washington, D.C., for Appellant., Alan I. Horowitz, Frederick W. Robinson, Maria O'Toole Jones, Miller & Chevalier, Chartered, Washington, D.C., for Amicus Curiae Blue Cross and Blue Shield Association.