Legal Opinion
Schering-Plough Corp. v. United States
District Court, D. New Jersey
Decided August 28, 2009No. Civ. Action 05-2575 (KSH)PublishedCited by 9 opinions
1Opinion of the Court
OPINION
KATHARINE S. HAYDEN, District Judge.
I. INTRODUCTION
In this taxpayer refund action, the Court examines a domestic corporation’s assignment of future income streams-derived from interest rate swaps with a third party-to its offshore subsidiaries, in exchange for lump-sum payments from the subsidiaries. In so doing, the Court must decide whether the structured transactions were in essence a loan from, or a sale to, the subsidiaries. Should it find the former, the Court must uphold as valid the tax levied by the government. Should it conclude the latter, plaintiff Schering-Plough…
2Cases cited76 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Gregory v. HelveringSupreme Court of the United States · 1935
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Commissioner v. TowerSupreme Court of the United States · 1946
- Higgins v. SmithSupreme Court of the United States · 1940
71 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Historic Boardwalk Hall, LLC v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 2012
- Principal Life Insurance Company and Subsidiaries v. United StatesUnited States Court of Federal Claims · 2014
- Cooper v. Centar Investments (Asia) Ltd. (In Re Trigem America Corp.)United States Bankruptcy Court, C.D. California · 2010
- Merck & Co., Inc. v. United StatesCourt of Appeals for the Third Circuit · 2011
- Salem Financial, Inc. v. United StatesUnited States Court of Federal Claims · 2013
4 more not listed; retrieve them via the Exa API.