Legal Opinion

Tualatin Valley Builders Supply, Inc. v. United States

Court of Appeals for the Ninth Circuit

Decided April 10, 2008No. 05-36173PublishedCited by 18 opinions

1Opinion of the Court

Opinion by Judge GRABER; Specia; Concurrence by Judge O’SCANNLAIN.

GRABER, Circuit Judge:

The main question before us is whether the Internal Revenue Service (“IRS”) exceeded its statutory authority when it promulgated Revenue Procedure 2002-40.1 We hold that the IRS acted within its authority. Because Plaintiff Tualatin Valley Builders Supply, Inc., failed to meet the Revenue Procedure’s deadline for claiming the benefit of a temporary five-year net operating loss carryback, we affirm the district court’s grant of summary judgment to the United States.

FACTUAL AND PROCEDURAL BACKGROUND

The…

2Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  5. Duncan v. WalkerSupreme Court of the United States · 2001

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3Cited by18 opinions

  1. Rubio v. Capital One BankCourt of Appeals for the Ninth Circuit · 2010
  2. Ken McMaster v. United StatesCourt of Appeals for the Ninth Circuit · 2013
  3. Taproot Administrative Services, Inc. v. CommissionerCourt of Appeals for the Ninth Circuit · 2012
  4. Sierra Club v. U.S. Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2014
  5. Texaco Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 2008

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