GOELLER v. U.S.

No. 10-731T.

ROBERT F. GOELLER AND JEANETTE M. GOELLER, Plaintiffs, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

March 20, 2013.


Attorney(s) appearing for the Case

Michael P. Marsalese, The Marsalese Law Group, PLLC, Southfield, MI, for plaintiffs.

Gregory S. Knapp, Tax Division, United States Depart of Justice, with whom was Assistant Attorney General Kathryn Keneally , for defendant.


OPINION

FRANCIS M. ALLEGRA, Judge.

In this tax refund suit, plaintiffs, Robert F. Goeller and Jeanette M. Goeller (the Goellers), claim a deduction under section 165(c)(3) of the Code1 for their 2004 taxable year. They assert that officials of Complete Property Resources (CPR), a real estate business, misappropriated funds that they had invested in that firm, thereby causing a "theft" loss. Based on this alleged loss, plaintiffs...

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