Alston & Bird Tax Blog

Altera Redux – The Ninth Circuit Once Again Holds in Favor of the IRS

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Last week, our International Tax Group examines the Ninth Circuit repeating itself in reversing a unanimous Tax Court holding on the validity of the Treasury’s regulations under Section 482. We examine the reconstituted  panel’s significant decisions, which in many ways follow the first panel’s conclusions.

  • Altera v. Commissioner, Parts 1, 2, and now, 3
  • What is the meaning of “commensurate with income”?
  • What does this case say about previous standards under Chevron?

Read the full advisory here.

About Henry Birnkrant

Henry Birnkrant focuses his practice on transfer pricing matters and U.S. federal income taxation of domestic and cross-border business transactions.

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About Stefanie Kavanagh

Stefanie Kavanagh is an associate in the Federal & International Tax Group. She focuses her practice on tax planning and structuring for domestic and international business entities as well as matters relating to real estate investment trusts.

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About Ryan Kelly

Ryan J. Kelly is a partner with Alston & Bird’s Federal & International Tax Group. Ryan practices in transfer pricing, tax dispute resolution, and general tax planning. He focuses on domestic and international tax issues with an emphasis on transfer pricing.

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