Nancie G. Marzulla – Marzulla Law, LLC

A Taxing Situation

In 2004, Congress passed the American Jobs Creation Act (“AJCA”) which repealed the extraterritorial tax exemption for domestic companies. The Act included a two-year phase out of the tax exemption. In 2006 DreamWorks Animation…more

First Things First

In December 2015, James D. Sullivan filed a pro se complaint in the U.S. Court of Federal Claims, alleging that the IRS wrongly assessed his 2006 income taxes, and unlawfully seized a payment ($45,000) from him under a…more

EAJA Fee Award

Following a successful breach-of-contract lawsuit in the U.S. Court of Federal Claims, the Court awarded SUFI Network Services, a small telecommunications company, full market-rate attorneys’ fees under the Equal Access…more

It’s All Over Now

In 2012, the Surface Transportation Board issued a notice of interim trail use under Section 208 of the National Trails System Act Amendments of 1983, authorizing the creation of a permanent recreational trail on land…more

Ain’t No Friend of Mine

The U.S. Court of Federal Claims recently refused to accept an amicus curiae brief that exceeded the allowable page limit and asserted a legal theory not put forward by the Plaintiff in Land of Lincoln Insurance Company v…more

The Power of Persuasion

The Dellew Corporation filed a postaward bid protest challenging the U.S. Army’s award of a Hawaii barracks contract to Tech System, Inc., and, based on the Court’s comments during the hearing, the Army decided to take…more

It pays to Know the Rules

In 2014, Antonio Johnson filed a claim in the U.S. Court of Federal Claims, seeking recovery of military disability retirement benefits. Johnson and the United States cross-moved for judgment on the administrative record,…more

Battle Over Combat Pay

Major Alan B. Adams served as an officer in the United States Air Force from May 31, 1995 until his honorable discharge at his own request on July 1, 2006. His record of performance “from the start reflects nothing less than a…more

No Harm, No Foul

In a patent infringement case filed by Hitkansut LLC against the United States in the U.S. Court of Federal Claims, both parties filed motions in limine, seeking to exclude evidence from trial set to commence on May 23, 2016…more

Retired Navy Commander’s Ship Has Sailed

Retired Commander in the United States Naval Reserve, Leonard Deemer, had accumulated enough creditable service to qualify for age-based retirement at age 60. But before turning 60, Deemer developed a physical impairment. So,…more

Blowing in the Wind

Terra-Gen developed and built the Alta Wind facilities, and then sold these facilities to the Alta Wind plaintiffs. Alta Wind then filed grant applications from the Treasury Department to recover 30% of the purchase price under…more

It’s Not Over Yet

Section 405 of the federal Salary and Fringe Benefits Act, also known as the Sunday Premium Pay Act, ensures that certain federal employees who performed work on Sundays receive additional compensation. In 2009, the Federal…more

But Everyone’s Doing It

In 2010, Northwest Title Agency, Inc. entered into three contracts with the Department of Housing and Urban Development (HUD), whereby Northwest agreed to provide real estate property-sales-closing services for single-family…more

Operative Facts

In 2005, Kansas City Power & Light Co. contracted with the United States for the delivery of electrical utility services to the Hardesty Federal Complex in Kansas City, Missouri. The contract included an indemnity provision. In…more

I’m Yelling Timber

Plaintiffs, Dennis and Kimberly Beard, are the former owners of Dinkey Creek Inn, a seasonal resort located in the Sierra National Forest. The Beards operated their resort under a special use permit issued by the U.S. Forest…more
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