U.S. 9th Circuit Court of Appeals, April 17,
2007
Pac.
Fisheries Inc. v. US, No. 04-35897, 04-35899
In a
dispute in which taxpayers sought attorneys' fees from the
government for their pursuit of two federal court petitions to quash
third-party summonses by the IRS, a ruling for the government is
affirmed where, although the district court erred in placing the
burden to prove lack of substantial justification on taxpayers, as a
matter of law, the government met its burden of proving its position
was substantially justified. The government's prelitigation conduct
could not be factored into a determination of whether its position
in the judicial proceeding "was substantially justified" under the
applicable statute. Read
more...
U.S. 11th Circuit Court of Appeals, April 18,
2007
Florida
Dep't of Revenue v. Piccadilly Cafeterias, Inc., No.
06-13759
District court's affirmance of bankruptcy
court's decision granting stamp-tax exemption on the sale of assets
is affirmed over claim that the district court erred in holding that
the 11 U.S.C. section 1146(c) stamp-tax exemption may apply to
pre-confirmation asset sales. Read
more...
U.S. Federal Circuit Court of Appeals, April 19,
2007
FleetBoston
Fin. Corp. v. US, No. 06-5032
A judgment finding
that corporate taxpayer had to pay interest on the full extent of
certain deficiencies is affirmed where the trial court correctly
concluded that an amount of tax is "paid" within the meaning of 26
U.S.C. section 6601(a) only by funds in the taxpayer's account for
that tax year, and that the interest attributable to the
underpayments resulting from credit elects for 1984 and 1985 was
properly calculated for each taxable year from the March 15 due
dates for the succeeding years' income taxes. Read
more...
