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United States First Circuit


Fresenius Medical Care Holding v. US, 13-2144

In this tax-refund litigation, court ordered tax refunds totaling more than $50 million are affirmed, where: 1) the parties to the litigation had eschewed any tax characterization; and 2) in determining the tax treatment of a False Claims Act civil settlement under 31 U.S.C. section 3729-3733, a court may consider factors beyond mere presence or absence of a tax characterization agreement between the government and the settling party.

Appellate Information

  • Decided 08/13/2014
  • Published 08/13/2014

Judges

  • SELYA

Court

  • United States First Circuit

Counsel

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