United States Sixth Circuit

The Tax Court's decision that plaintiff had no recapture obligations is overturned where 1) the underlying rationale of Revenue Ruling 82-20 is valid and deserves substantial judicial deference, and 2) although the individual steps of the transaction had a legitimate business reason, the intended end result was to was to allow plaintiff to avoid liability for ITC recapture.

Appellate Information

• Argued 04/30/2003
• Decided 10/20/2003
• Published 10/20/2003

Judges

• Before:  CLAY and GIBBONS, Circuit Judges;  DUGGAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Frederick E. Henry, III (briefed), Robert S. Walton (briefed), Thomas V.M. Linguanti (argued and briefed), Baker & McKenzie, Chicago, IL, for Petitioner-Appellee., Frank P. Cihlar (argued and briefed), Joel L. McElvain (briefed), U.S. Department of Justice, Appellate Section, Tax Division, Washington, DC, for Respondent-Appellant.