Claybrook ex rel. Estate of Downey Financial Corp. v. United States

MEMORANDUM OPINION AND ORDER REGARDING THE FEDERAL DEPOSIT INSURANCE CORPORATION’S MOTION TO INTERVENE, AS RECEIVER, AND THE GOVERNMENT’S MOTION FOR JOINDER.

BRADEN, Judge.

The pending motions concern whether the Federal Deposit Insurance Corporation (“FDIC”), in its capacity as receiver (“FDIC-R”), is entitled to intervene in this federal tax refund case or should be joined as a party.

I. RELEVANT FACTS.1

Downey Financial Corporation (“DFC”), a Delaware corporation, is the parent of a Consolidated Tax Group, formed pursuant to 26 U.S.C. §§ 1501-02 (the “Consolidated Tax Group”). Compl. ¶¶ 1, 8.…