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High Court Denies Review In Antitrust Electronic Discovery Case

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 1 denied a prevailing antitrust defendant's petition seeking review of a Third Circuit U.S. Court of Appeals ruling that the losing plaintiff was properly taxed with only those charges imposed by the ...read more

Solyndra: Liquidation Plan Should Be Confirmed; DOE, IRS Objections Fail

WILMINGTON, Del. - Bankrupt solar energy company Solyndra LLC on Oct. 15 filed a brief in the U.S. Bankruptcy Court for the District of Delaware supporting the confirmation of its Chapter 11 plan contending that the U.S. Department of Energy (DOE) lacks ...read more

5th Circuit Vacates Certification Of Government Entities In Billing Dispute

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 26 reversed and vacated a Louisiana federal court's decision to certify a class of governmental entities suing over cellular phone billing after finding that "it effectively certified ...read more

3rd Circuit: Nonfiduciary Liable For Fiduciary Breaches Related To MEWA

PHILADELPHIA - A nonfiduciary financial planner who marketed a tax avoidance scheme as a multiple employer welfare arrangement (MEWA) to several employers is liable under Employee Retirement Income Security Act (ERISA), 29 U.S.C.S. § 1001 et seq ...read more

9th Circuit: Sherman Act Doesn't Preempt, Nor Does Pact Waive, Tribal Sovereignty

SEATTLE - Antitrust laws do not preempt and a cigarette tax collection agreement between a Native American tribe and the State of Washington does not waive the tribe's sovereign immunity, the Ninth Circuit U.S. Court of Appeals held Nov. 13, affirming ...read more

3rd Circuit: Taxes Owed; Statute Of Limitations Was Suspended By Bankruptcy

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Nov. 29 ruled that a debtor owed taxes to the U.S. government because the statute of limitations had been suspended during the time she filed two bankruptcies ( United States of America v. Marion ...read more

Federal Judge Upholds Government's Decision In Student Loan Dispute

GREENVILLE, S.C. - A federal judge in South Carolina on Nov. 29 dismissed a suit in which a student loan debtor sought review of the Department of Education's (DOE) decision to offset her income tax refunds and Social Security benefits in order to ...read more

California Judge Won't Change Taxing Of Costs In Patent Dispute

SAN FRANCISCO - A patent infringement plaintiff whose $147.2 million jury award was later tossed for being "against the clear weight of the evidence" must instead pay costs of $206,363.28, a California federal judge ruled Dec. 4 (Mformation ...read more

Magistrate Judge Reduces Amounts Of Fees, Costs Requested By Pipeline Company

PORTLAND, Ore. - A federal magistrate judge in Oregon on Dec. 10 reduced the amounts in attorney fees and costs requested by a defendant company that was awarded summary judgment in a suit stemming from shutdowns of the plaintiff's natural gas power ...read more

W.R. Grace Gets Approval For Stock Warrant Deal, Qualified Settlement Fund

WILMINGTON, Del. - A federal bankruptcy judge in Delaware on Dec. 11 approved requests by W.R. Grace & Co. to enter into a cash-settled collar agreement that will guarantee between $375 million and $490 million in funding for an asbestos trust and ...read more

Judge: Native American Tobacco Seller Is Not Exempt From Excise Tax

SPOKANE, Wash. - A reservation-based Native American tobacco manufacturer is not exempt from paying the tobacco excise tax, a Washington federal judge said in a Feb. 11 opinion (King Mountain Tobacco Company, Inc., et al. v. Alcohol and Tobacco Tax and ...read more

Split 11th Circuit Upholds Overtime For Alien, Workers That Didn't Pay Taxes

ATLANTA - A split 11th Circuit U.S. Court of Appeals on March 6 upheld a verdict for unpaid overtime wages for two workers despite their failure to properly report their wages to the federal government and the illegal status of one of the workers (Reinaldo ...read more

Judge Rules Against FDIC, Allowing Bank Company To Keep Tax Refund

CLEVELAND - Bankrupt holding company AmFin Financial Corp. (AFC) can keep a $195 million tax refund that the Federal Deposit Insurance Corp. argued belongs to an affiliate bank in the FDIC's receivership, a federal judge in Ohio ruled March 26, granting ...read more

New York High Court Rejects Online Retailers' Challenge To Internet Tax Law

ALBANY, N.Y. - A challenge to New York's "Internet tax law" by two leading online retailers was rejected March 28 by a New York State Court of Appeals majority, which found the law to be constitutional on its face and not in violation of ...read more

10th Circuit: Tax Ruling Against Debtor Stands, Automatic Stay Not Violated

DENVER - A panel of the 10th Circuit U.S. Court of Appeals on March 28 ruled that a tax court properly upheld tax deficiency rulings against a debtor and said that doing so did not violate the automatic stay (John H. Schoppe v. Commissioner of Internal ...read more

Conn. Appeals Court Finds Title Insurer Entitled To Request Information, Documents

HARTFORD, Conn. - A title insurer acted within the provisions of its policy when it sought documentation and examinations under oath from its insured in its quest to resolve a tax lien issue, the Connecticut Appellate Court ruled May 7 (Chicago Title ...read more

Trio Charged With Tobacco Tax Dodging Fail To Obtain Dismissal

LOUISVILLE, Ky. - A Kentucky federal judge refused to dismiss criminal charges against three people who allegedly used falsified invoices to avoid paying more than $2 million in Kentucky excise taxes on $12.5 million worth of cigarettes sold throughout ...read more

Michigan Federal Judge Partially Certifies Class Suing Over Search And Seizures

DETROIT - A Michigan federal judge on May 14 partially certified a class of individuals and businesses subjected to search and/or seizure of their property by the Michigan Department of Treasury to satisfy an alleged tax debt who allege that their constitutional ...read more

Judge: Cigarettes Remain Contraband Regardless Of Owner

BOWLING GREEN, Ky. - A Kentucky federal judge refused to dismiss contraband cigarette possession charges against a cigarette dealer, saying in a May 15 opinion that a defendant need not be the entity liable for payment of tobacco taxes to be charged with ...read more

Finding No Federal Question, Judge Remands California's Tobacco Tax Suit

SACRAMENTO, Calif. - A California federal judge has granted remand of tobacco excise tax evasion and unfair business practice claims to state court, saying in an opinion filed May 15 that the state's complaint raised no federal question (People of ...read more

Tax Refunds Belong To Bank's Holding Company, Not FDIC, Judge Finds

SAN DIEGO - The Federal Deposit Insurance Corp., as the receiver for the failed Imperial Capital Bank, is not entitled to $30 million in tax refunds, a federal judge in California ruled May 16, finding that the funds instead belong to the bank's holding ...read more

Drug Purchasers Defeat Motion To Dismiss In Pay-For-Delay Antitrust Case

CHATTANOOGA, Tenn. - The federal judge in Tennessee overseeing multidistrict litigation involving claims that brand-name pharmaceutical company King Pharmaceuticals LLC and generic drug manufacturer Mutual Pharmaceutical Co. conspired to delay the entry ...read more

3rd Circuit: Debtor's Change In Tax Status Not Property; Transfer Not Fraudulent

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on May 21 vacated and remanded a ruling that a debtor could not treat its parent company's change in corporate tax status, which changed the debtor's tax obligation, as a fraudulent ...read more

Alleged Smugglers Enjoined From Selling Cigarettes In New York

NEW YORK - A couple suspected of bringing untaxed cigarettes into New York from a Native American reservation have been preliminarily enjoined against the alleged activity by a New York federal judge, who also denied their motion to dismiss in a May 21 ...read more

5th Circuit: Wren Alexander Owes $173M In Taxes It Inherited Prior To Bankruptcy

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on June 4 affirmed a lower court's decision that held that a debtor company was liable for $173 million IRS tax lien despite that fact that the lien was originally levied against the ...read more