Greiner v. United States

Tax Refund; Merger; Earn-out Right; Earn-out Payments; I.R.C. § 83; Closed Transaction; Burnet v. Logan; Open Transaction; I.R.C. § 446(e); Treas. Reg. § 1.446-l(e); Method of Accounting; I.R.C. § 481

OPINION AND ORDER

CAMPBELL-SMITH, Chief Judge

Plaintiffs Jeffrey and Kim Greiner seek a refund of $4,742,703 in federal income taxes for the 2008 and 2009 tax years, plus interest and costs. Compl. ¶¶30, 34, ECF No. 1. This court’s jurisdiction over their refund suit is not in dispute, see 28 U.S.C. § 1491(a)(1) (2012); 26 U.S.C. § 7422(a) (2012), and the fundamental issue in this refund suit, as…