Attorney Philip H Karter's Legal Cases

Tax

HealthMark Group Ltd. et al. v. Commissioner, No. 008269-14 (U.S. Tax Court, filed Apr. 14, 2014)

Mar 27, 2015

OUTCOME: Full Government Concession

Obtained full IRS concession in Tax Court case involving the purported application of Rev. Rul. 2005-40 to disregarded entities claiming insurance deductions paid to captive insurer. Successfully argu ... ed that Revenue Ruling was incompatible with §7701 check-the-box regulations and that disregarded entities with common ownership can achieve adequate risk distribution.

Tax

Carfagno Auto Sales Inc. v. Commissioner, No. 12269-14 (U.S. Tax Court, filed May 28, 2014)

Mar 26, 2015

OUTCOME: Full Government Concession

Filed suit in Tax Court after adverse CDP appeal hearing on alleged deficiency in employment taxes. Obtained full IRS concession of deficiency as well as refunds of all overpayments for other tax perio ... ds that had been erroneously applied against that deficiency.

Tax

Gateway Hotel Partners, LLC et al. v. Commissioner of Internal Revenue

Jan 09, 2014

OUTCOME: 90% taxpayer victory

Lead trial counsel for participating partner challenging $22 million proposed adjustment to partnership income from alleged sale by partnership of state historic tax credits distributed to other partne ... r. Tax Court ruled in partnership's s favor with respect to 90% of the proposed tax deficiency.

Tax

Frontier Oil Corporation v. Commissioner, Docket No. 21151-10 (U.S.T.C.)

Jan 01, 2011

OUTCOME: Settled

Lead trial counsel for taxpayer claiming § 162(m)(4)(C) exception to limitation on deductability of qualified performance-based compensation.

Tax

WFC Holdings Corp. v. United States, Docket No. 07-CV-3320 (D.Minn.)

Oct 04, 2010

OUTCOME: Government victory; Certiorari to U.S. Supreme Court Denied

Lead trial counsel for taxpayer claiming $423 million capital loss from the sale of stock in a contingent liability lease management subsidiary. Case tried to court, October, 2010.

Tax

Black & Decker Corp. v. United States,340 F. Supp. 2d 621 (D. Md. 2004)

Jan 01, 2006

OUTCOME: Settled

Trial counsel for taxpayer claiming $560 million capital loss from the sale of stock in a contingent liability health care subsidiary.

Tax

Kohler Co. v. United States, 468 F.3d 1032 (7th Cir. 2006)

Jan 01, 2005

OUTCOME: Taxpayer victory

Obtained Seventh Circuit decision affirming summary judgment in favor of taxpayer's claim that participation in Mexican debt-equity swap did not produce short-term capital gain.

Tax

VF Corp. v. Commissioner, No. 7584-02 (U.S. Tax Court, filed Apr. 19, 2002)

Jan 01, 2002

OUTCOME: Taxpayer victory

Obtained full IRS concession in Tax Court case involving the question of whether $59 million cost of providing retail display to retail customers is currently deductible or must be capitalized.

Tax

Kimberly-Clark Tissue Co. v. United States, 38 F. Supp. 2d 1028 (E.D. Wis. 1999)

Jan 01, 1999

OUTCOME: Taxpayer victory

Won summary judgment on issue involving taxpayer's entitlement to an investment tax credit under the "world headquarters" transitional rule of the 1986 Tax Reform Act.

Tax

Emhart Corp. v. United States, No. 98-1823 (D. Md., filed June 9, 1998)

Jan 01, 1998

OUTCOME: Settled

Obtained favorable settlement for taxpayer seeking to deduct the costs associated with the defense against a hostile takeover attempt.

Philip H Karter's Legal Cases (13)

HealthMark Group Ltd. et al. v. Commissioner, No. 008269-14 (U.S. Tax Court, filed Apr. 14, 2014)

Carfagno Auto Sales Inc. v. Commissioner, No. 12269-14 (U.S. Tax Court, filed May 28, 2014)

Gateway Hotel Partners, LLC et al. v. Commissioner of Internal Revenue

Frontier Oil Corporation v. Commissioner, Docket No. 21151-10 (U.S.T.C.)

WFC Holdings Corp. v. United States, Docket No. 07-CV-3320 (D.Minn.)

Black & Decker Corp. v. United States,340 F. Supp. 2d 621 (D. Md. 2004)

Kohler Co. v. United States, 468 F.3d 1032 (7th Cir. 2006)

VF Corp. v. Commissioner, No. 7584-02 (U.S. Tax Court, filed Apr. 19, 2002)

Kimberly-Clark Tissue Co. v. United States, 38 F. Supp. 2d 1028 (E.D. Wis. 1999)

Emhart Corp. v. United States, No. 98-1823 (D. Md., filed June 9, 1998)