Term
Issue
Whether courts should determine ownership of a tax refund paid to an affiliated group based on the federal common law “Bob Richards rule,” as three circuits hold, or based on the law of the relevant state, as four circuits hold.
RDW: "Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split." 7/9/19.
Opinion
In Rodriguez v. Federal Deposit Insurance Corp., 18-1269, the Supreme Court ruled this morning that federal courts may not employ federal common law to decide who owns a tax refund when a parent holding company files a tax return but a subsidiary generated the losses giving rise to the refund.
Click here for the full opinion.
ABI Media Teleconference
TBD
Oral Arguments Date
Dec. 3, 2019
Oral Arguments Date
Certiorari Granted Date
Amicus Briefs