United States v. McFerrin
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDITH BROWN CLEMENT, Circuit Judge:
The United States brought suit against Arthur R. McFerrin (“McFerrin” 1 ) seeking to recover a tax credit that the government alleges was erroneously paid by the Internal Revenue’ Service (“IRS”) to McFerrin. After a six day bench trial, the district court held that the government had proved by a preponderance of the evidence that the tax credit was not properly supported and, consequently, should not have been granted. The district court ordered repayment of the erroneously paid refund plus interest. For the following reasons, we vacate the district court’s…
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