Nestle Holdings, Inc. - Page 15




                                               - 15 -                                                  
            II. Decision Document                                                                      
                  Additionally, respondent requests that if the Court                                  
            concludes that petitioner is entitled to a refund, the Court                               
            include language in the decision document protecting respondent’s                          
            right to challenge the validity of the carrybacks that resulted                            
            in the subsequent tentative refund for 1985.  Respondent’s                                 
            request arises from an unpublished opinion of the U.S. Court of                            
            Appeals for the Eighth Circuit that upheld a U.S. District                                 
            Court’s decision that the United States was barred under res                               
            judicata principles from subsequently recovering a tentative                               
            refund pursuant to section 6213(b)(3).  See Bradley v. United                              
            States, 106 F.3d 405 (8th Cir. 1997), affg. Civil No. 3-94-1514                            
            (D. Minn., Jan. 30, 1996).  Because petitioner does not object to                          
            the language itself,17 the parties are directed to include the                             
            language in a stipulation drafted by the parties to accompany the                          
            decision document.                                                                         
                  To the extent not herein discussed, we have considered the                           
            parties’ other arguments and found them to be irrelevant or                                
            without merit.                                                                             







                  17  Petitioner objects only to the language being placed in                          
            the decision document itself instead of in a stipulation to the                            
            decision document.                                                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011