Tax Law

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9th Circuit Upholds Ruling Finding IRS's Records Exempt From Disclosure
Posted on 15 Mar 2012 by Mealeys

SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on March 13 upheld a federal judge in Washington's ruling that the Internal Revenue Service was not required to produce tax-related documents for a fugitive couple because the information was exempt... Read More

Claims Of Retaliation For Taking Medical Leave Survive Summary Judgment
Posted on 22 Aug 2012 by Mealeys

BOSTON - A jury could find that an investment management firm retaliated against a senior tax project leader for taking medical leave, a Massachusetts federal judge found Aug. 21 in denying the firm summary judgment on the employee's claims for violation... Read More

Divided U.S. Supreme Court: Debtors' Farm Sale Tax Liability Not Dischargeable
Posted on 14 May 2012 by Mealeys

WASHINGTON, D.C. - A divided U.S. Supreme Court on May 14 ruled 5-4 that the federal income tax liability that resulted from a debtor's post-petition farm sale is not "incurred by the estate" for the purposes of 11 U.S.C.S. § 503 (b... Read More

3rd Circuit: Taxes Owed; Statute Of Limitations Was Suspended By Bankruptcy
Posted on 30 Nov 2012 by Mealeys

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

Student Loan Due Process Suit Against Government Survives
Posted on 5 Jun 2012 by Mealeys

BALTIMORE - A federal judge in Maryland on June 1 allowed a suit to continue in which a pro se plaintiff says the U.S. Department of Education (DOE) violated his due process rights when it applied his federal income tax refunds to his student loan debt... Read More

Federal Circuit Says Invalidity Findings In Drug Patent Case Proper
Posted on 10 Apr 2012 by Mealeys

WASHINGTON, D.C. - A dispute over patents relating to the administration of the chemotherapy cancer drug Taxotere was properly resolved with findings of patent invalidity and unenforceability, the Federal Circuit U.S. Court of Appeals ruled April 9 (... Read More

3rd Circuit: Debtor's Change In Tax Status Not Property; Transfer Not Fraudulent
Posted on 23 May 2013 by Mealeys

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

Judge: Cigarettes Remain Contraband Regardless Of Owner
Posted on 17 May 2013 by Mealeys

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

Plan Properly Excluded Severance Payment From Pension Benefit, Judge Says
Posted on 25 May 2012 by Mealeys

PROVIDENCE, R.I. - A retirement plan did not abuse its discretion under the Employee Retirement Income Security Act by excluding a severance payment from a participant's earnings for purposes of calculating the participant's retirement benefits... Read More

Federal Judge Upholds Government's Decision In Student Loan Dispute
Posted on 30 Nov 2012 by Mealeys

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

ERISA Does Not Preempt State Law Imposing Tax On Health Claim Payments
Posted on 6 Sep 2012 by Mealeys

DETROIT - The Employee Retirement Income Security Act, 29 U.S.C.S. § 1001 et seq. , does not preempt the Michigan Health Insurance Claims Assessment Act, which imposes an assessment of 1 percent on the value of all claims paid by every carrier or... Read More

Michigan Federal Judge Partially Certifies Class Suing Over Search And Seizures
Posted on 15 May 2013 by Mealeys

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

3rd Circuit: Nonfiduciary Liable For Fiduciary Breaches Related To MEWA
Posted on 13 Nov 2012 by Mealeys

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

Mealey's Special Health Care Bulletin: U.S. Supreme Court Finds Individual Mandate in Health Care Act Constitutional
Posted on 28 Jun 2012 by Mealeys

WASHINGTON, D.C. - In a sweeping opinion covering four issues addressed over three days of oral argument, the U.S. Supreme Court today found that the Anti-Injunction Act (AIA) does not bar challenges to the Patient Protection and Affordable Care Act ... Read More

2nd Circuit: Debtor's Case 'Meritless'; Creditor Has Valid Bankruptcy Claim
Posted on 7 Sep 2012 by Mealeys

NEW YORK - A panel of the Second Circuit U.S. Court of Appeal on Sept. 6 affirmed a bankruptcy court's ruling and said that a debtor's argument that the claim filed by a company with which it had a tax agreement was "meritless" ( CIT... Read More

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