Legal Opinion
Internal Revenue Service v. Highlanders Alloys, LLC (In re Highlanders Alloys, LLC)
District Court, S.D. West Virginia
Decided September 30, 2014No. CIVIL ACTION NO. 3:13-7897 (Consolidated with 3:13-7896) BANKRUPTCY NO. 05-30516Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ROBERT C. CHAMBERS, CHIEF JUDGE
Pending before the Court is Appellant Internal Revenue Service’s (“the Service” or “the IRS”) appeal (ECF No. 8) from the Bankruptcy Court’s Order dated October 15, 2012. Appellee Highlanders Alloys, LLC (“Highlanders”), has filed a cross-appeal (ECF No. 11). For the reasons stated below, the Court AFFIRMS. the Bankruptcy Court’s allowance of the Bin-son deduction, AFFIRMS the Bankruptcy Court’s allowance of the Industrial Development deduction, and AFFIRMS the Bankruptcy Court’s reduction of the accuracy-related penalty.
I. Factual…
2Cases cited10 opinions
- In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant United States TrusteeCourt of Appeals for the Fourth Circuit · 1991
- Nelson-Salabes, Inc. v. Morningside Development, LLCCourt of Appeals for the Third Circuit · 2002
- In Re Anna S. Litton, Debtor. Anna S. Litton, Debtor-Appellant v. Wachovia Bank, Creditorappellee, Jo S. Widener, Trustee-AppelleeCourt of Appeals for the Fourth Circuit · 2003
- U.S. Department of Health & Human Services, and Great Lakes Higher Education Servicing Corporation, Agent for Associated Bank v. Zane Todd SmitleyCourt of Appeals for the Fourth Circuit · 2003
- Gilbane Building Company, a Corporation Applied Retrieval Technology Corporation, and Holland Glass Company, Incorporated Metromont Materials Landmasters, Inc. B & B Contracting Company, Incorporated Caci, Incorporated--Federal Pettit Construction Company, Incorporated v. Federal Reserve Bank of Richmond, Charlotte Branch, International Fidelity Insurance Company, & Third Party and Electricon, Incorporated, & Third Party Applied Retrieval Technology Corporation, Plaintiff-Defendant & Third Party and Holland Glass Company, Incorporated Metromont Materials Landmasters, Inc. B & B Contracting Company, Incorporated Caci, Incorporated--Federal Pettit Construction Company, Incorporated Gilbane Building Company, a Corporation Plaintiff-Third Party v. Federal Reserve Bank of Richmond, Charlotte Branch, & Third Party International Fidelity Insurance Company, & Third Party and Electricon, Incorporated, & Third PartyCourt of Appeals for the Third Circuit · 1996
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