- 2 - and adopts the opinion of the Special Trial Judge, which is set forth below. OPINION OF THE SPECIAL TRIAL JUDGE PANUTHOS, Chief Special Trial Judge: This matter is before the Court on remand from the Court of Appeals for the Ninth Circuit. See Talley Indus., Inc. & Consol. Subs. v. Commissioner, 116 F.3d 382 (9th Cir. 1997), revg. and remanding T.C. Memo. 1994-608. In Talley Indus., Inc. & Consol. Subs. v. Commissioner, T.C. Memo. 1994-608, we granted petitioner's motion for summary judgment in part--holding that petitioner was entitled to a deduction of $2.5 million (less $1,885 which was characterized as a "fine" pursuant to criminal charges) reflecting the amount that petitioner paid to the Government to settle its civil liability for submitting false claims under certain Federal contracts. The Court of Appeals reversed and remanded the case on the ground that "a genuine issue of material fact exists as to the characterization and the purpose of the $940,000 portion of the settlement." Talley Indus., Inc. & Consol. Subs. v. Commissioner, 116 F.3d at 387. The Court of Appeals summarized the matters to be decided on remand as follows: If the $940,000 represents compensation to the government for its losses, the sum is deductible. If, however, the $940,000 represents a payment of double damages [under the False Claims Act], it may not be 1(...continued) in effect for the year in issue, unless otherwise indicated. All Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011