• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to secondary sidebar

Alston & Bird Tax Blog

  • Home
  • Services
  • Contacts

Supreme Court

Supreme Court Offers Mixed Guidance on Future of Lawsuits Challenging Investments and Fees in 401(k) and 403(b) Plans

December 17, 2021 By Alston & Bird Tax Team

Oral argument before the U.S. Supreme Court in Hughes v. Northwestern University will have broader implications for both 401(k) and 403(b) plans. It isn’t always easy to read the tea leaves, but our ERISA Litigation Group offers key takeaways from the day and what may come from the Court’s opinion. The Court’s decision will have broader implications for the future of class action litigation regarding fees and investments in all forms of defined contribution plansThe Justices questioned many different aspects of the case, and the decision is not likely to be unanimousVariety is ok, but [...]Read more

Filed Under: ERISA Litigation Tagged With: 401(k) plans, 403(b) plans, class action litigation, defined contribution plans, ERISA, Hughes v. Northwestern University, Supreme Court

Supreme Court–Appointed Special Master Applies Place-of-Purchase Jurisdictional Rule to MoneyGram’s Unclaimed “Official Checks”

May 26, 2021 By Alston & Bird Tax Team

Our Unclaimed Property Team reviews the report of the U.S. Supreme Court’s Special Master parsing the definitions of “money orders” and “similar instruments” and how those words decide if certain unclaimed property falls under federal common law or the federal Disposition of Abandoned Money Orders and Traveler’s Checks Act. The report is a master class in statutory constructionThe Special Master analyzed MoneyGram “official checks” to determine those meet three statutory conditions for an instrument to constitute a “similar instrument”This analytical framework may have broader [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: Arkansas, Delaware, Disposition of Abandoned Money Orders and Traveler's Checks Act, FDA, money orders, MoneyGram, Pennsylvania, SCOTUS, Special Master, Supreme Court, travelers checks

Taxpayers Can Strike First: Supreme Court Allows Pre-Enforcement Challenges to Certain IRS Regulatory Actions

May 24, 2021 By George Abney, Laura Gavioli and Eli McCrain

Our Federal Tax Group examines a U.S. Supreme Court ruling that could give taxpayers greater leeway to challenge IRS regulatory schemes before the IRS takes enforcement action. CIS Services v. IRS narrows the reach of the Anti-Injunction ActThree features of Notice 2016-66 helped the Court overturn lower courts’ rulings in favor of the IRSThe IRS’s rule-making process now open to more Administrative Procedure Act challenges Read the full advisory here. [...]Read more

Filed Under: Federal Tax Advisory Tagged With: Administrative Procedure Act, AIA, Anti-Injunction Act, CIS Services, IRS, Notice 2016-66, SCOTUS, Supreme Court

False Claims Act Is Again in Focus, This Time in New York

September 16, 2019 By Alston & Bird Tax Team

Last week, our Unclaimed Property Team uncovered the broader implications of a New York court’s False Claims Act ruling that could create a new risk for holders that report past-due property.

Overview of the action brought by the relator
The court’s decision
Implications for holders

Read the full advisory here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: APL, False Claims Act, FCA, New York, New York Abandoned Property Law, OAG, Office of the New York State Attorney General, Office of the State Comptroller, OSC, qui tam, Supreme Court, Unclaimed property, UP

U.S. Supreme Court Carves a Narrow Taxpayer Win on Due Process in Kaestner

June 25, 2019 By Zach Gladney and Andrew Yates

One year after dropping the landmark Wayfair decision, our State & Local Tax Group examines why this year’s Supreme Court decision in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust won’t leave much of a mark.

Kaestner focuses narrowly on the trust at issue in the case
The Court goes out of its way to ensure that the decision does not affect precedent
The decision reaffirms the due-process test of Quill

Read the full advisory here. [...]Read more

Filed Under: State & Local Tax Advisory Tagged With: Due Process, Kaestner, Quill, SCOTUS, Supreme Court, Wayfair

  • Go to page 1
  • Go to page 2
  • Go to Next Page »

Primary Sidebar

As a service of Alston & Bird’s Tax groups, this blog focuses on current issues and events in international, federal, state and local tax and wealth planning of interest to business.

Subscribe

Receive email notifications when new posts are added.

Check your inbox or spam folder to confirm your subscription.

Tags

401(k) ACA Affordable Care Act audit BEAT CARES Act CFC Corporate Tax Planning covid-19 Delaware ERISA Escheat FATCA FBAR FDII Gift cards GILTI international tax IRA IRS Kelmar New York nexus OECD qualified plans Quill RUUPA SCOTUS Section 351 Section 355 Section 367 Section 385 section 482 section 965 State legislation Subpart F Supreme Court Tax Court Tax Cuts and Jobs Act tax reform TCJA Treasury Unclaimed property UP Wayfair

Secondary Sidebar

Categories

Recent Posts

  • PTET Elections: Don’t Let Them “Pass” By Unnoticed in M&A Transactions
  • Post-Roe Issues for Health Plan Sponsors: Navigating the Rapidly Changing Legal Landscape
  • Litigate, Legislate and Repeat: The Delaware Escheat Law Spin Cycle
  • Looking Back at Georgia’s 2022 Legislative Session
  • Diving into IRS’s Annual Report on Advance Pricing Agreements: Can APMA Overcome Its Sisyphean Task?

Archives

Copyright © 2023 · Alston & Bird · All Rights Reserved. Privacy.