Wednesday, August 8, 2018
Following up on my previous post, 9th Circuit Reverses Tax Court In Altera, Revives Cost-Sharing Regs In Major Loss For Intel, Other Tech Companies: in a surpising sequence of moves, the Ninth Circuit has named Judge Susan Graber as a replacement judge for the late Judge Stephen Reinhard, who cast the deciding vote in the 2-1 case before his death, and has withdrawn its opinion in Altera “to allow time for the reconstituted panel to confer on this appeal,” even though no petition for rehearing has been filed.
- Forbes, Ninth Circuit Pulls Back Big IRS Victory Issued After Judge's Death
- Law360, 9th Cir. Withdraws IRS Win In Altera Cost-Sharing Row
- Leandra Lederman (Indiana), Update on Altera
- Miller & Chevalier Tax Appellate Blog, Altera Opinion Withdrawn