Mealey's Litigation Procedure - UCL Unfair Sales Tax Claims Remanded Based On Decision In Loeffler

SAN FRANCISCO - The California Supreme Court on July 9 dismissed an appeal of a consumer class action alleging a state unfair competition law (UCL) violation against a wireless phone company for failing to disclose the amount of taxes charged for phones, remanding the case in light of the court's recent decision in a similar case finding that California's tax code provides the sole remedy for consumers who believe that a retailer improperly charged taxes, according to a court docket entry (Richard A. Yabsley v. Cingular Wireless, LLC, et al., No. S176146, Calif. Sup.).

Mealey's Banking & Finance - 6th Circuit Finds Fannie Mae, Freddie Mac Are Exempt From Tax Payments

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on July 10 affirmed a trial court's decision granting a motion to dismiss a class action filed by two Ohio counties, finding that the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corp. (Freddie Mac) were exempt from paying state real property transfer taxes (Board of Commissioners of Montgomery County, Ohio, et al. v. Federal Housing Agency, et al., No. 13-4429, 6th Cir.; 2014 U.S. App. LEXIS 13042).

Mealey's Antitrust/Unfair Competition - UCL Unfair Sales Tax Claims Remanded Based On Decision In Loeffler

SAN FRANCISCO - The California Supreme Court on July 9 dismissed an appeal of a consumer class action alleging a state unfair competition law (UCL) violation against a wireless phone company for failing to disclose the amount of taxes charged for phones, remanding the case in light of the court's recent decision in a similar case finding that California's tax code provides the sole remedy for consumers who believe that a retailer improperly charged taxes, according to a court docket entry (Richard A. Yabsley v. Cingular Wireless, LLC, et al., No. S176146, Calif. Sup.).

Mealey's Litigation Procedure - Washington High Court: Court Erred By Delaying Adjudication Of Duty To Defend

OLYMPIA, Wash. - The Washington Supreme Court on July 3 found that a lower court erred when it delayed adjudication of an insurer's duty to defend Expedia Inc. against numerous underlying lawsuits alleging that Expedia failed to collect the right amount of local occupancy taxes from its customers, remanding for the lower court to decide the insurer's duty to defend and to stay discovery until a factual determination can be made as to which parts of discovery are potentially prejudicial to Expedia in the underlying litigation (Expedia Inc., et al. v. Steadfast Insurance Co., et al., No. 88673-3, Wash. Sup.; 2014 Wash. LEXIS 483).

Mealey's Insurance - Washington High Court: Court Erred By Delaying Adjudication Of Duty To Defend

OLYMPIA, Wash. - The Washington Supreme Court on July 3 found that a lower court erred when it delayed adjudication of an insurer's duty to defend Expedia Inc. against numerous underlying lawsuits alleging that Expedia failed to collect the right amount of local occupancy taxes from its customers, remanding for the lower court to decide the insurer's duty to defend and to stay discovery until a factual determination can be made as to which parts of discovery are potentially prejudicial to Expedia in the underlying litigation (Expedia Inc., et al. v. Steadfast Insurance Co., et al., No. 88673-3, Wash. Sup.; 2014 Wash. LEXIS 483).

Mealey's Insurance - Texas County Sues BP, Others Over Lost Tax Revenues From Oil Spill

HOUSTON - Harris County, Texas, on July 2 filed a lawsuit in federal court claiming that the oil spill caused by the explosion of the Deepwater Horizon oil rig in April 2010 caused it to lose money in hotel occupancy taxes and business personal property taxes (Harris County, Texas v. BP Exploration & Production Inc., et al., No. 14-cv-01847, S.D. Texas).

Mealey's Toxic Tort/Environmental - Texas County Sues BP, Others Over Lost Tax Revenues From Oil Spill

HOUSTON - Harris County, Texas, on July 2 filed a lawsuit in federal court claiming that the oil spill caused by the explosion of the Deepwater Horizon oil rig in April 2010 caused it to lose money in hotel occupancy taxes and business personal property taxes (Harris County, Texas v. BP Exploration & Production Inc., et al., No. 14-cv-01847, S.D. Texas).

Mealey's Insurance - HHS Report: Most Silver Plan Enrollees Received Credits; Average Credit: $276

WASHINGTON, D.C. - Individuals who obtained insurance through the federal Patient Protection and Affordable Care Act (ACA) marketplace had, on average, access to 47 plans offered by five health insurers and paid just $69 per month for the most popular "silver plan" after tax credits, according to a June 18 Department of Health and Human Services report.

Mealey's Health Law - HHS Report: Most Silver Plan Enrollees Received Credits; Average Credit: $276

WASHINGTON, D.C. - Individuals who obtained insurance through the federal Patient Protection and Affordable Care Act (ACA) marketplace had, on average, access to 47 plans offered by five health insurers and paid just $69 per month for the most popular "silver plan" after tax credits, according to a June 18 Department of Health and Human Services report.

Mealey's Litigation Procedure - MDL Judge Dismisses Claims That Anheuser-Busch Overstates Alcohol Content Of Beer

CLEVELAND - Consumers cannot pursue class claims, including allegations under California's unfair competition law (UCL), that Anheuser-Busch Cos. LLC knowingly sells watered down beer with reduced alcohol content because the brewer's products meet federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations for beer labeling, an Ohio federal judge overseeing a multidistrict litigation held June 2 (In Re: Anheuser-Busch Beer Labeling, Marketing and Sales Practices Litigation, MDL No. 13-2448, N.D. Ohio; 2014 U.S. Dist. LEXIS 76005).

Mealey's Antitrust/Unfair Competition - MDL Judge Dismisses Claims That Anheuser-Busch Overstates Alcohol Content Of Beer

CLEVELAND - Consumers cannot pursue class claims, including allegations under California's unfair competition law (UCL), that Anheuser-Busch Cos. LLC knowingly sells watered down beer with reduced alcohol content because the brewer's products meet federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations for beer labeling, an Ohio federal judge overseeing a multidistrict litigation held June 2 (In Re: Anheuser-Busch Beer Labeling, Marketing and Sales Practices Litigation, MDL No. 13-2448, N.D. Ohio; 2014 U.S. Dist. LEXIS 76005).

Mealey's Bankruptcy - U.S. Supreme Court Denies Hearing On Tax Duty Of Bankrupt Airline Executive

WASHINGTON, D.C. - The U.S. Supreme Court on May 27 declined to hear a case in which the former chief financial officer of a bankrupt airline contended that he should not be personally liable for $8.5 million in federal excise taxes that were due when his company filed for bankruptcy (Raymond T. Nakano v. United States of America, No. 13-1278, Chapter 7, U.S. Sup.).

Mealey's Toxic Tort/Environmental - Pennsylvania Superior Court Reverses Subsurface Title Order Based On 1806 Statute

HARRISBURG, Pa. - Surveying more than 100 years of Pennsylvania property law, a unanimous Pennsylvania Superior Court panel ruled May 9 that the heirs of a Centre County, Pa., tract of land have no interest in the subsurface because the purported severance of the subsurface from the surface in 1899 was not reported to the county commissioners or tax assessor as required by an 1806 statute (Herder Spring Hunting Club v, Harry Keller, et al., No. 718 MDA 2013, Pa. Super.; 2014 PA Super 100).

Mealey's Banking & Finance - Judge Dismisses Insolvent Insurer's Trust's Breach Of Fiduciary Duty Claim

SAN FERNANDO VALLEY, Calif. - A trust for an insolvent insurance company failed to allege that banks breached a fiduciary duty by managing the insurer's tax attributes to benefit the banks at the expense of the trust and the insurer's other stakeholders, a California federal judge held May 8, dismissing a breach of fiduciary duty claim (In re: Superior National Insurance; The Litigation Trust for the Trust Beneficiaries of SNTL Corp. and certain affiliates v. JP Morgan Chase and JP Morgan Chase Bank N.A., Chapter 11, Nos. 00-14099 & 13-01099, C.D. Calif. Bky.; 2014 Bankr. LEXIS 2071).

Mealey's Insurance - Court Hears Arguments In Origination-Clause Challenge To Individual Mandate Tax

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on May 8 heard arguments over whether the Patient Protection and Affordable Care Act (ACA)'s individual mandate tax constitutes a revenue measure and should properly have originated in the U.S. House of Representatives (Matt Sissel v. U.S. Department of Health and Human Services, et al., No. 13-5202, D.C. Cir.).

Mealey's Insurance - Judge Dismisses Insolvent Insurer's Trust's Breach Of Fiduciary Duty Claim

SAN FERNANDO VALLEY, Calif. - A trust for an insolvent insurance company failed to allege that banks breached a fiduciary duty by managing the insurer's tax attributes to benefit the banks at the expense of the trust and the insurer's other stakeholders, a California federal judge held May 8, dismissing a breach of fiduciary duty claim (In re: Superior National Insurance; The Litigation Trust for the Trust Beneficiaries of SNTL Corp. and certain affiliates v. JP Morgan Chase and JP Morgan Chase Bank N.A., Chapter 11, Nos. 00-14099 & 13-01099, C.D. Calif. Bky.; 2014 Bankr. LEXIS 2071).

Mealey's Health Law - Court Hears Arguments In Origination-Clause Challenge To Individual Mandate Tax

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on May 8 heard arguments over whether the Patient Protection and Affordable Care Act (ACA)'s individual mandate tax constitutes a revenue measure and should properly have originated in the U.S. House of Representatives (Matt Sissel v. U.S. Department of Health and Human Services, et al., No. 13-5202, D.C. Cir.).

Mealey's Labor & Employment - 8th Circuit: Tax Professionals Not Owed For Training Time

ST. LOUIS - Tax professionals are not owed compensation for the time they spent completing 24 hours of rehire training, the Eighth Circuit U.S. Court of Appeals ruled May 2 (Barbara Petroski, et al. v. H&R Block Enterprises, LLC, et al., No. 13-2076, 8th Cir.; 2014 U.S. App. LEXIS 8291).

Mealey's Litigation Procedure - 8th Circuit: Tax Professionals Not Owed For Training Time

ST. LOUIS - Tax professionals are not owed compensation for the time they spent completing 24 hours of rehire training, the Eighth Circuit U.S. Court of Appeals ruled May 2 (Barbara Petroski, et al. v. H&R Block Enterprises, LLC, et al., No. 13-2076, 8th Cir.; 2014 U.S. App. LEXIS 8291).

Mealey's Antitrust/Unfair Competition - California High Court: Tax Code, Not UCL, Proper Avenue For Excess Tax Case

SACRAMENTO, Calif. - California's tax code provides the sole remedy for consumers who believe that a retailer improperly charged tax reimbursements, the California Supreme Court held May 1 in a 4-3 opinion rejecting state unfair competition law (UCL) claims (Kimberly Loeffler, et al. v. Target Corp., No. S173972, Calif. Sup.).

Mealey's Bankruptcy - 3rd Circuit: IRS Failed To Provide Proper Notice Of More Than $1.25M Tax Debt

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on April 24 affirmed a U.S. Tax Court ruling that held that a claim of $1,251,456.99 made by the Internal Revenue Service against a debtor for unpaid tax liabilities was deficient (Dominick Galluzzo v Commissioner of Internal Revenue, No. 13-3555, Chapter 11, 3rd Cir.; 2014 U.S. App. LEXIS 7680).

Mealey's Insurance - No Shelter In ACA For Grant Recipient Contractors, Tax Judge Says

WASHINGTON, D.C. - No legal support exists for a man's claim that the Patient Protection and Affordable Care Act (ACA) exempts independent contractors of grant recipients from self-employment taxes, and the law is "devoid" of any language to that affect, a tax court judge held April 22 (Harris He Wang v. Commissioner of Internal Revenue, No. 4306-13S, U.S. Tax; 2014 Tax Ct. Summary LEXIS 42).

Mealey's Health Law - No Shelter In ACA For Grant Recipient Contractors, Tax Judge Says

WASHINGTON, D.C. - No legal support exists for a man's claim that the Patient Protection and Affordable Care Act (ACA) exempts independent contractors of grant recipients from self-employment taxes, and the law is "devoid" of any language to that affect, a tax court judge held April 22 (Harris He Wang v. Commissioner of Internal Revenue, No. 4306-13S, U.S. Tax; 2014 Tax Ct. Summary LEXIS 42).

Mealey's Litigation Procedure - Judge Dismisses Connecticut City's Class Action Suit Seeking Transfer Taxes

NEW HAVEN, Conn. - A federal judge in Connecticut on April 22 dismissed a class action suit brought by the city of Bridgeport, Conn., on behalf of all municipalities within the state, seeking an order requiring the Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corp. (Freddie Mac) and Federal Housing Finance Agency (FHFA) to pay transfer taxes from the sales of real property, after finding that the defendants are exempt from paying transfer tax (City of Bridgeport, et al. v. Federal National Mortgage Association, et al., No. 12-cv-1218, D. Conn.; 2014 U.S. Dist. LEXIS 55509).

Mealey's Banking & Finance - Judge Dismisses Connecticut City's Class Action Suit Seeking Transfer Taxes

NEW HAVEN, Conn. - A federal judge in Connecticut on April 22 dismissed a class action suit brought by the city of Bridgeport, Conn., on behalf of all municipalities within the state, seeking an order requiring the Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corp. (Freddie Mac) and Federal Housing Finance Agency (FHFA) to pay transfer taxes from the sales of real property, after finding that the defendants are exempt from paying transfer tax (City of Bridgeport, et al. v. Federal National Mortgage Association, et al., No. 12-cv-1218, D. Conn.; 2014 U.S. Dist. LEXIS 55509).