United States Ninth Circuit

In a suit brought for a tax refund, summary judgment for the government is affirmed where, because plaintiff did not have any property rights that he could sell under the express terms of a contract to provide insurance services, termination payments made pursuant to the contract were properly characterized as ordinary income, as opposed to capital gains.

Appellate Information

• Argued 04/19/2007
• Decided 01/09/2008
• Published 01/09/2008

Judges

• BYBEE, Circuit Judge:, Before:  STEPHEN REINHARDT, JAY S. BYBEE, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert P. Solliday, Thomas M. Quigley, Christopher L. Raddatz, David M. Kozak, Mohr Hackett Pederson Blakely & Randolph, P.C., Phoenix, AZ, for the appellants.


• For Appellees:
  
• Eileen J. O'Connor, Kenneth L. Greene, Francesca U. Tamami, Bridget M. Rowan, Tax Division, Department of Justice, Washington, D.C., for the appellee.