Legal Opinion

Stephen Ouwinga v. Benistar 419 Plan Services

Court of Appeals for the Sixth Circuit

Decided September 19, 2012No. 10-2531PublishedCited by 107 opinions

1Opinion of the Court

OPINION

JANE B. STRANCH, Circuit Judge.

Plaintiff-Appellants Stephen, Leann, David, and Christine Ouwinga and their company, Stoney Creek Fisheries and Equipment, Inc., (the “Ouwingas”) appeal the dismissal of their Complaint against various Defendant-Appellees related to a purported tax-deductible welfare benefit plan — the Benistar 419 Plan (“Benistar Plan” or “Plan”) — marketed and sold by the Appellees to the Ouwingas. The Internal Revenue Service determined that the Plan was an abusive tax shelter, and the Ouwingas were ultimately assessed back taxes, interest, and penalties. They filed…

2Cases cited27 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
  4. H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
  5. United States v. TurketteSupreme Court of the United States · 1981

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3Cited by107 opinions

  1. George v. Urban Settlement ServicesCourt of Appeals for the Tenth Circuit · 2016
  2. Steven Menzies v. Seyfarth Shaw LLPCourt of Appeals for the Seventh Circuit · 2019
  3. West Hills Farms, LLC v. ClassicStar Farms, Inc.Court of Appeals for the Sixth Circuit · 2013
  4. Calderon-Serra v. Banco Santander Puerto RicoCourt of Appeals for the First Circuit · 2014
  5. Alexander v. RosenCourt of Appeals for the Sixth Circuit · 2015

102 more not listed; retrieve them via the Exa API.

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