United States v. David Stewart

PER CURIAM: *

This case stems from the United States Internal Revenue Service (IRS) attempt ing to claw back tax refunds paid to Defendant taxpayers. The district court granted summary judgment in full in favor of Defendants. For the reasons stated below, we REVERSE the district court’s grant of summary judgment and RENDER judgment in favor of the United States.

I

Defendants David Stewart and Richard Plato are two of the five partners that comprise Odyssey Energy Capital I, LP (Odyssey). The partners at Odyssey managed a portfolio of oil and gas properties owned by Hydrocarbon Capital, LLC…