Tax Law

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9th Circuit: Sherman Act Doesn't Preempt, Nor Does Pact Waive, Tribal Sovereignty
Posted on 14 Nov 2012 by Mealeys

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

Judge: Native American Tobacco Seller Is Not Exempt From Excise Tax
Posted on 13 Feb 2013 by Mealeys

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

Solyndra: Liquidation Plan Should Be Confirmed; DOE, IRS Objections Fail
Posted on 16 Oct 2012 by Mealeys

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

Arizona Federal Judge Dismisses Health Care Claims, Orders Additional Briefing
Posted on 5 Sep 2012 by Mealeys

PHOENIX - An Arizona federal judge on Aug. 31 dismissed several claims from a case challenging the Patient Protection and Affordable Care Act (PPACA), 111 P.L. 148 ordered supplemental briefing regarding other claims, saying the plaintiffs had not had... Read More

Magistrate Judge Reduces Amounts Of Fees, Costs Requested By Pipeline Company
Posted on 11 Dec 2012 by Mealeys

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

CFTC Files Claim In MF Global Bankruptcy For Penalties Related To Futures Trading
Posted on 4 Jun 2012 by Mealeys

NEW YORK - The Commodity Futures Trading Commission (CFTC), the U.S. government agency that has the responsibility protecting futures and options markets from fraud, on June 1 filed a proof of claim in the Chapter 11 bankruptcy of MF Global Holdings Ltd... Read More

Split 11th Circuit Upholds Overtime For Alien, Workers That Didn't Pay Taxes
Posted on 7 Mar 2013 by Mealeys

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

Federal Judge Dismisses Fraud Suit Connected To Tax Shelter Structure
Posted on 10 Mar 2012 by Mealeys

NEW YORK - A federal judge in New York on March 6 granted a bank's motion to dismiss a suit that brought fraud allegations connected to the bank's involvement in a tax shelter structure and the loans it provided in pursuit of that tax scheme ... Read More

Drug Purchasers Defeat Motion To Dismiss In Pay-For-Delay Antitrust Case
Posted on 22 May 2013 by Mealeys

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

Judge Rules Against FDIC, Allowing Bank Company To Keep Tax Refund
Posted on 27 Mar 2013 by Mealeys

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

Judge Finds Policy Limits Coverage To $1M For Insured's Settlement Of Negligence Claim
Posted on 18 Sep 2012 by Mealeys

JACKSONVILLE, Fla. - A professional liability insurance policy provides a $1 million per-claim limit to cover an underlying settlement regarding an insured's negligence in tax preparations because the underlying complaint asserts only one claim, a... Read More

11th Circuit Upholds Denial Of Tax Preparer's Annual-Fee Challenge
Posted on 11 Jun 2012 by Mealeys

ATLANTA - The 11th Circuit U.S. Court of Appeals on June 7 upheld the denial of an accountant's class action challenge of the U.S. Department of Treasury's annual fee for compensated tax return preparers (Jesse E. Brannen, III, P.C., et al. v... Read More

W.R. Grace Gets Approval For Stock Warrant Deal, Qualified Settlement Fund
Posted on 14 Dec 2012 by Mealeys

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

Tribunal Orders Russia To Pay Spanish Investors For Losses Associated With Yukos
Posted on 26 Jul 2012 by Mealeys

STOCKHOLM, Sweden - An arbitration award issued in Sweden was released July 25 in which a tribunal awarded damages to a group of Spanish investors, finding that the Russian government expropriated their investment when it issued illegitimate tax bills... Read More

Finding No Federal Question, Judge Remands California's Tobacco Tax Suit
Posted on 17 May 2013 by Mealeys

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