United States Third Circuit

In the IRS's appeal from an order allowing a carry-back for certain of Debtor's claimed expenses, the order is affirmed in part, where a distributor's inability to resell a defective product does not qualify as "damage to or loss of the use of property" under I.R.C. section 172(f)(4)(A); but reversed in part, where the Debtor's pension plan payments qualified as specified liability losses.

Appellate Information

• Decided 06/17/2009
• Published 06/17/2009

Judges

• Before:  McKEE, SMITH, and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James N. Lawlor, Esq. (Argued), Wollmuth Maher & Deutsch LLP, Newark, NJ, for Appellant.


• For Appellees:
  
• Kenneth L. Greene, Esq., Arthur T. Catterall, Esq., Rachel I. Wollitzer, Esq. (Argued), Tax Division, Department of Justice, Washington, D.C., for Appellee.