Brennan v. Southwest Airlines Co.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
RHOADES, District Judge:
I. Overview
The district court denied Plaintiffs’ Motion to Remand to state court and granted Defendants’ Motion for Judgment on the Pleadings. Plaintiffs appeal. For the reasons *1408stated below, we affirm the district court in both respects.
II. Background
Section 4261 of the Internal Revenue Code (“IRC”) required airline passengers to pay a ten percent excise tax on domestic air transportation commenced prior to 1996. The IRC required airlines to collect the tax from their customers and remit the proceeds twice monthly to the Internal Revenue Service (“IRS”). 26 U.S.C. §…
2Cases cited14 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Enochs v. Williams Packing & Navigation Co.Supreme Court of the United States · 1962
- Flora v. United StatesSupreme Court of the United States · 1960
- United States v. RutherfordSupreme Court of the United States · 1979
- Leeke v. GordonSupreme Court of the United States · 1978
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- Lippitt v. Raymond James Financial Services, Inc.Court of Appeals for the Ninth Circuit · 2003
- Tammy Berera v. Mesa Medical Group, PLLCCourt of Appeals for the Sixth Circuit · 2015
- Ross v. United StatesDistrict Court, District of Columbia · 2006
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