Barber

Barber v. United States

Good Law
85 F. Supp. 2d 967·2000 WL 236395·85 A.F.T.R.2d (RIA) 879·2000 U.S. Dist. LEXIS 1387
United States District Court, Northern District of CaliforniaJanuary 31, 2000C-96-4586 MHPCalifornia4,033 words

Opinion

Opinion

Patel, J.

MEMORANDUM AND ORDER

On December 20, 1996, Plaintiff Lori Barber filed this action seeking a refund of income tax that she alleges was erroneously and illegally assessed and collected. This court has jurisdiction pursuant to 28 U.S.C. section 1346 (a)(1). Now before the court are plaintiffs and defendant’s cross motions for summary judgment. BACKGROUND

Lori Barber was a licensed real estate salesperson in 1988 and 1989. Barber was professionally affiliated with her mother, Wanda McCulloh, who was a real estate broker doing business under the name Plaza Realty & Investments.

In early 1988, Barber pledged a commercial condominium that she owned as security for a $20,000 loan obtained by McCulloh. That November, Barber exchanged the condominium for a 50 percent interest in 916 Holly Avenue, Roh-nert Park, California. Barber and McCulloh thus held Holly Avenue property as tenants in common. McCulloh proceeded to take out a $60,000 personal loan that was secured by 916 Holly Avenue. In May 1989, Barber and McCulloh sold 916 Holly Avenue, subject to existing trust deeds. The buyers gave Barber and McCulloh a $30,000 promissory note that was due on June 15, 1990. Barber claims that in…

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