MEMORANDUM OF DECISION ZOBEL, District Judge. In these consolidated cases, the United States seeks the return of monies it refunded to defendants after they recharacterized certain investment losses for tax years 2000 and 2003 as theft losses. The matter is before me on the parties' cross-motions for summary judgment. I. Factual Background A. Undisputed Facts Both James B. Selders ("Selders," jointly with his wife "the Selders") and James F. Vacca ("Vacca," jointly with his wife "the...
