Legal Opinion
Harvard Secured Creditors Liquidation Trust v. Internal Revenue Service (In Re Harvard Industries, Inc.)
Court of Appeals for the Third Circuit
Decided June 17, 2009No. 07-3006PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
McKEE, Circuit Judge.
This tax dispute arose in the course of bankruptcy proceedings for Harvard Industries, Inc. and related entities (collectively “Harvard”). Its resolution requires us to determine the meaning of “specified liability losses” as that phrase is used in 26 U.S.C. § 172(f). 1 In the bankruptcy court, Harvard attempted to collect a federal tax refund for the 1986 tax year based upon three categories of “specified liability losses” incurred in the 1996 tax year that purportedly qualified for a special ten-year net operating loss carry-back pursuant to 26…
2Cases cited18 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
- United States v. AndersonSupreme Court of the United States · 1926
- Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990
- In Re Unisys Savings Plan Litigation John P. Meinhardt, on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03067) Michael Heck Joseph McCarthy Angelo Dipietro, on Behalf of Themselves and All Others Similarly Situated v. Unisys Corporation the Administrative Committee of the Unisys Savings Plan the Investment Committee of the Unisys Savings Plan Jack A. Blaine John J. Loughlin Kenneth Miller David A. White Stefan Riesenfeld (d.c.civil No. 91-Cv-03276) Gary Vala, Individually and on Behalf of All Others Similarly Situated v. Jack A. Blaine Michael R. Losey Kenneth L. Miller Stefan C. Riesenfeld Curtis A. Hessler David A. White Unisys Corporation the Northern Trust Company (d.c.civil No. 91-03278) Carolyn A. Gohlike, on Behalf of Herself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03321) Dennis C. Stanga James M. Collins, on Behalf of Themselves and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-04689) John H. Burgess, Jr., on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-04696) John P. Meinhardt, Michael Heck, Joseph McCarthy Angelo Dipietro, Gary Vala, Carolyn Gohlike, Dennis C. Stanga, James M. Collins and John H. Burgess, Jr., in No. 95-1156 in Re Unisys Savings Plan Litigation John P. Meinhardt, on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03067) Bernard McDevitt on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03126) Parker C. Kean, on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03164) Nadia F. Sos Farouk M. Sos, Individually and on Behalf of All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03582) Kenneth Goers John J. Cieslicki, on Behalf of Themselves and All Others Similarly Situated v. Unisys Corporation the Northern Trust Company (d.c.civil No. 91-Cv-04678) William Torkildson v. Unisys Corporation (d.c.civil No. 91-Cv-04754) Bernard McDevitt Parker Kean, Nadia F. Sos, Farouk M. Sos, Kenneth Goers, John J. Cieslicki and William Torkildson, in No. 95-1157 in Re Unisys Savings Plan Litigation John P. Meinhardt, on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03067) Henry Zylla Richard Silver Ronald Grippo Edward Lawler Richard Andujar Clarence Muller Charles Wahler James McLaughlin Donald Rader Joseph Lau James Gangale Alfred Contarino Richard Colby John Marcucci Joseph Fiore Richard Mastrodomenico Nick Klemenz Peter Szczybek, on Behalf of Themselves and All Others Similarly Situated Engineers Union Local 444 of the International Union of Electronic, Electrical, Salaried, MacHine and Furniture Workers, a.f.l.-c.i.o. Locals 445 of the International Union of Electronic, Electrical, Salaried, MacHine and Furniture Workers, a.f.l.-c.i.o. Locals 450 of the International Union of Electronic, Electrical, Salaried, MacHine and Furniture Workers, a.f.l.-c.i.o. Locals 470 of the International Union of Electronic, Electrical, Salaried, MacHine and Furniture Workers, a.f.l.-c.i.o. Locals 165 of the International Union of Electronic, Electrical, Salaried, MacHine and Furniture Workers, a.f.l.-c.i.o. Local 3, International Brotherhood of Electrical Workers, a.f.l.-c.i.o. v. Unisys Corporation Edwin P. Gilbert John J. Loughlin Thomas Penhale, Individually and in Their Capacities as Members of the Unisys Employee Benefits Executive Committee and Administrators of the Unisys Retirement Investment Plan Richard H. Bierly Curtis A. Hessler Leon J. Level Kenneth L. Miller David A. White Jack A. Blaine Stefan C. Riesenfeld George T. Robson, Individually and in Their Capacities as Members of the Investment Committee of the Unisys Retirement Investment Plan (d.c. Civil No. 91-Cv-03772) Henry Zylla, Richard Silver, Ronald Grippo, Edward Lawler, Richard Andujar, Clarence Muller, Charles Wahler, James McLaughlin Donald Rader, Joseph Lau, James Gangale, Alfred Contarino, Richard Colby, John Marcucci, Joseph Fiore, Richard Mastrodomenico, Nick Klemenz and Peter Szczybek, Individually and on Behalf of the Class Certified, in No. 95-1186Court of Appeals for the Third Circuit · 1996
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Teva Pharm. USA, Inc. v. SandhuDistrict Court, E.D. Pennsylvania · 2018
- In Re Philadelphia Newspapers, LLCDistrict Court, E.D. Pennsylvania · 2009
- In Re South Beach Securities, Inc.Court of Appeals for the Seventh Circuit · 2010
- Hughley v. Government of the Virgin IslandsSupreme Court of The Virgin Islands · 2014
- Ross v. AmeriChoice Federal Credit UnionDistrict Court, E.D. Pennsylvania · 2015
12 more not listed; retrieve them via the Exa API.