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United States Ninth Circuit


Service Employees Int'l. Union v. US, 07-17256

In an appeal of the IRS's assessment of penalties for the late filing of a return, a district court's order reducing the assessed penalty is reversed where penalties on tax exempt organizations for late filing of informational returns may not be reduced by district courts as a matter of discretion.

Appellate Information

  • Argued 04/14/2009
  • Decided 03/17/2010
  • Published 03/17/2010

Judges

  • Before: THOMAS G. NELSON, ANDREW J. KLEINFELD and MILAN D. SMITH, JR., Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Nathan J. Hochman, Assistant Attorney General, Robert W. Metzler, Ivan C. Dale (argued), Tax Division, Department of Justice, Washington, DC; Joseph P. Russoniello, United States Attorney, San Francisco, CA; for the United States of America (appellant in 07-17256 and appellee in 08-16105)., William E. Taggart, Jr., Oakland, CA, for Service Employees International Union and 100 Oak Street Corporation (appellees in 07-17256 and appellants in 08-16105).
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