Legal Opinion

Mathews v. Cassidy Turley Maryland, Inc.

Court of Appeals of Maryland

Decided November 26, 2013No. 51PublishedCited by 44 opinions

1Opinion of the Court

McDonald, j.

It is sometimes the case that an individual bent on avoiding taxes exchanges the certainty of the tax liability for a risky, and perhaps fraudulent, investment that proves more costly in the long run. The instant litigation arises out of such a situation. We are asked to decide the nature of the investment — was it a “security” for purposes of application of the Maryland Securities Act? — and whether the long run was too long — are the claims barred by limitations? We also consider the potential use at trial of a bankruptcy examiner’s report concerning the promoter of the…

2Cases cited56 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSupreme Court of the United States · 1991
  3. United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
  4. International Brotherhood of Teamsters v. DanielSupreme Court of the United States · 1979
  5. Reves v. Ernst & YoungSupreme Court of the United States · 1990

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3Cited by44 opinions

  1. Falls Road Community Ass'n v. Baltimore CountyCourt of Appeals of Maryland · 2014
  2. Blackburn Ltd. Partnership v. PaulCourt of Appeals of Maryland · 2014
  3. Peninsula Regional Medical Center v. AdkinsCourt of Appeals of Maryland · 2016
  4. Bank of New York Mellon v. GeorgCourt of Appeals of Maryland · 2017
  5. May v. Air & Liquid Systems Corp.Court of Appeals of Maryland · 2015

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