Deutsche Bank filed its 1999 Form 1120F (U.S. Income Tax Return of a Foreign Corporation), reporting total tax of $105,725,463, total payment of $188,256,721, including credit for taxes withheld at the source ($13,256,721), and a resulting overpayment of $82.5 million. Form 1120F does not itemize withholding credits, which were derived from Forms 8805 (Foreign Partner’s Information Statement of Section 1446 Withholding Tax) and 1042-S (Foreign Person’s U.S. Source Income Subject to Withholding) received from withholding agents. Deutsche Bank did not attach those forms . The IRS returned the filing, unprocessed, requesting documentation of the withholding credit. In its amended return, Deutsche Bank stated that it discovered an overstatement of the withholding credit by $11,240 and that the correct amount was $13,245,481. The IRS processed the resubmitted return without correcting the error and credited the overpayment to the 2000 tax year. Later, Deutsche Bank filed an amended 1999 return claiming an additional refund of $59 million based on a valuation adjustment. The IRS issued the refund and $5 million in overpayment interest for January 1, 2001 to November 14, 2002. The IRS denied its request for additional interest for March 15 to December 31, 2000. The Claims Court agreed. The Federal Circuit affirmed, stating that the return was not filed by the extended return filing due date in processible form to commence the accrual of overpayment interest. View "Deutsche Bank AG v. United States" on Justia Law
Meritor Bank failed in 1992 after the Federal Deposit Insurance Corporation (FDIC) breached a capital agreement with Meritor. The Federal Circuit affirmed that the government was liable for breach of contract, and awarding $276 million in “lost value” damages. On remand, the Claims Court applied 12 U.S.C. 1821(d)(11), the statute governing the distribution of a receivership surplus by the FDIC acting in its capacity as a receiver, and held that current Meritor shareholders are the proper recipients of the $276 million award. The court also denied a motion to intervene filed by McCarron, a former Meritor employee, on the grounds of lack of subject matter jurisdiction and issue and claim preclusion. Intervenors, former shareholders who owned shares of Meritor at the time of its failure but later sold their shares, appealed from an order directing the FDIC-Receiver to distribute the receivership surplus to current shareholders. McCarron appealed denial of his motion to intervene. The Federal Circuit affirmed. View "Slattery v. United States" on Justia Law
Alice Corporation owns three patents covering a computerized trading platform for exchanging obligations in which a trusted third party settles obligations between a first and second party so as to eliminate “settlement risk.” Settlement risk is the risk that only one party’s obligation will be paid, leaving the other party without its principal. The trusted third party eliminates this risk by either exchanging both parties’ obligations or exchanging neither obligation. CLS sought a declaration of invalidity; Alice counterclaimed infringement. The district court ruled in favor of CLS, holding that each asserted claim of the four patents is invalid for failure to claim patent eligible subject matter. The Federal Circuit reversed. The system, method, and media claims at issue are not drawn to mere “abstract ideas” but are directed to practical applications of invention falling within the categories of patent eligible subject matter defined by 35 U.S.C. 101. View "CLS Bank Int'l v. Alice Corp. Pty. Ltd." on Justia Law
The Army and Air Force Exchange Service issues credit cards to military personnel to purchase uniforms and other merchandise from post-exchange stores on military bases. During the relevant period balances for uniforms were interest-free. Plaintiff opened an account in 1997 and became delinquent in 2000. In 2009 He filed suit claiming that the interest rate on delinquent debt exceed that specified in the agreement. The Exchange the conducted an audit and adjusted the accounts of 46,851 individuals, including plaintiff, who received a refund. A second audit resulted in adjustments to accounts of an additional 103,320 individuals. The district court dismissed plaintiff's claim as moot and denied class certification. The Federal Circuit vacated. While plaintiff's individual claim was moot, it is unclear whether the claims of all class members were satisfied.