Rodriguez v. Federal Deposit Insurance (In re United Western Bancorp, Inc.)

OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

Thomas B. McNamara, United States Bankruptcy Judge

Everyone wants a tax refund — especially a tax refund of $4,081,335. That is the amount that the Internal Revenue Service agreed should be returned (the “Tax Refund”) based upon the'offset of net operating losses and past income from the operations of United Western Bank (the “Bank”), a failed Colorado financial institution currently in receivership under the watchful eye of the Federal Deposit Insurance Corporation (the “FDIC”). But, even though the Tax Refund indisputably stems from the…