U.S. Internal Revenue Service in Washington, D.C. Photo: Mike Scarcella/ALM Should Disgorgement in Securities Cases Be Considered Tax-Deductible 'Restitution'?
The IRS views disgorgement as a penalty, and thus not deductible as restitution, but the Supreme Court recently issued a decision in "Liu v. SEC" undercutting the IRS's rationale. In light of "Liu," the IRS needs to rethink its rationale.
November 16, 2020 at 05:24 PM
6 minute read
A subtle but interesting issue for white-collar lawyers is the tax treatment of settlement payments to resolve government investigations. Proposed regulations would treat the disgorgement of profits as nondeductible. Recent Supreme Court guidance, however, makes the IRS's position susceptible to challenge. And new documentation and IRS reporting requirements will require settling agencies to engage on these tax issues.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
'Possible Harm'?: Winston & Strawn Will Appeal Unfavorable Ruling in NASCAR Antitrust Lawsuit
3 minute read
Dapper Labs $4M Settlement, $1.3M in Attorney Fees Reveal NFT Settlement Trend
4 minute read
Who Got the Work: Latham & Watkins and Shumaker Defend NASCAR in Antitrust Case
4 minute read
'Absurd Costs'?: Visa Faces Antitrust Class-Action Surge Following DOJ Complaint
3 minute readLaw Firms Mentioned
Trending Stories
- 1Amazon, SpaceX Press Constitutional Challenges to NLRB at 5th Circuit
- 2Schools Win Again: Social Media Fails to Strike Public Nuisance Claims
- 3Spencer Lawton, Savannah Prosecutor Who Tried ‘Midnight in the Garden’ Case, Dies at 81
- 4Uber Not Responsible for Turning Over Information on 'Dangerous Riders' to Competitor, Judge Finds
- 5Steve Bannon 'We Build The Wall' Fraud Trial Pushed to February 2025
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
