Ute Distribution Corp. v. United States

TACHA, Circuit Judge.

Plaintiffs-appellants/cross-appellees Ute Distribution Corporation (UDC) and representative stockholders appeal the district court’s ruling that UDC’s distributions to its stockholders are subject to federal income tax. The government cross-appeals, claiming the district court erred in refusing to apply its decision retroactively. We exercise jurisdiction under 28 U.S.C. § 1291, reverse the district court’s refund of income taxes collected on UDC distributions, and dismiss for lack of jurisdiction appellants’ claim for declaratory judgment regarding future taxation of…