United States Federal Circuit

Judgment awarding plaintiff-bank damages is affirmed where defendant, the federal government, in enacting and implementing the 1993 Guarini Amendment to the Internal Revenue Code, breached its contractual obligations to plaintiff with regards to tax benefits and is liable for the consequences of the breach.

Appellate Information

• Decided 12/13/2005
• Published 12/13/2005

Judges

• PAULINE NEWMAN, Circuit Judge., Before MICHEL, Chief Judge, NEWMAN and LOURIE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Harry M. Reasoner, Vinson & Elkins L.L.P., of Houston, Texas, argued for plaintiffs-appellees.   With him on the brief was Thomas P. Marinis, Jr. Of counsel on the brief were John D. Taurman and John M. Faust, of Washington DC. Of counsel was Gary L. Leshko, Cozen O'Connor, of New York, New York., David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General, Jeanne E. Davidson, Deputy Director, and Scott D. Austin, Trial Attorney.