Tax controversy and litigation newsletter

TAX CONTROVERSY AND LITIGATION NEWSLETTER

----------

Focus on Tax Controversy

NOVEMBER 2020\\VOLUME 4\\ISSUE 3

IN THIS ISSUE

ARTICLES AND UPDATES Bankruptcy Court's Jurisdiction To Resolve Tax Claims2 FAQs Issued Under The CARES Act Invalid Under The APA8 Tax Court Concludes IRS Failed to Satisfy 675111

Penalty For Failure To File Form 5471 Is Not Divisible 14 Sixth Circuit Rejects Taxpayer's Judicial Estoppel Claim17

ABOUT US Winston & Strawn's Tax Controversy and Litigation Practice 20

Editors 20

Filed under:
USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Winston & Strawn LLP, Employee Retirement Income Security Act 1974 (USA), Mediation, Coronavirus, Internal Revenue Service (USA), National Labor Relations Board (USA), Aetna, Title 11 of the US Code, CARES Act 2020 (USA), Sixth Circuit
Location:
USA
Firm:
Winston & Strawn LLP
Ninth Circuit pumps new life into section 105 injunctions

While Bankruptcy Code section 105 grants broad powers to issue injunctions, most bankruptcy courts are reluctant to enjoin litigation in other venues. A recent ruling by the U.S. Court of Appeals for the Ninth Circuit follows this trend, reversing a preliminary injunction issued by a bankruptcy court staying arbitration proceedings between two nondebtor parties.

However, the Ninth Circuit also articulated specific standards for when such a section 105 injunction may be obtained. In re Excel Innovations, Inc., 502 F.3d 1086, 2007 WL 2555941 (9th Cir. Sept. 7, 2007).

Filed under:
USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Shareholder, Surety, Debtor, Injunction, Patent infringement, Federal Reporter, Preliminary injunction, Aetna, Ninth Circuit, United States bankruptcy court, Fourth Circuit, Bankruptcy Appellate Panel
Location:
USA
Firm:
Reed Smith LLP