ALTERA CORP. V. CIR
Filed: November 12, 2019
Court: US Court of Appeals for the Ninth Circuit
Case Number: 16-70496
Tax The panel denied a petition for rehearing en banc on behalf of the court in a case in which the panel reversed the decision of the Tax Court. Judge M. Smith, joined by Judges Callahan and Bade, dissented from the denial of rehearing en banc. Title 26 of United States Code § 482 authorizes the Department of Treasury to re-allocate reported income and costs between related entities where necessary to prevent them from improperly avoiding taxes. Judge M. Smith agreed with the Tax…
ALTERA CORP. V. CIR
Filed: June 7, 2019
Court: US Court of Appeals for the Ninth Circuit
Case Number: 16-70496
Tax. The panel reversed a decision of the Tax Court that 26 C.F.R. § 1.482-7A(d)(2), under which related entities must share the cost of employee stock compensation in order for their cost-sharing arrangements to be classified as qualified cost-sharing arrangements, was invalid under the Administrative Procedure Act. At issue was the validity of the Treasury regulations implementing 26 U.S.C. § 482, which provides for the allocation of income and deductions among related…
ALTERA CORP. V. CIR
Filed: August 7, 2018
Court: US Court of Appeals for the Ninth Circuit
Case Number: 16-70496
ALTERA CORP. V. CIR
Filed: July 24, 2018
Court: US Court of Appeals for the Ninth Circuit
Case Number: 16-70496
Tax. The panel reversed a decision of the Tax Court that 26 C.F.R. § 1.482-7A(d)(2), under which related entities must share the cost of employee stock compensation in order for their cost-sharing arrangements to be classified as qualified cost-sharing arrangements and thus avoid an IRS adjustment, was invalid under the Administrative Procedure Act. The panel reasoned that the Commissioner of Internal Revenue did not exceed the authority delegated to him by Congress under 26 U.S.C.…
