News & Analysis as of

Administrative Procedure Act Court of Federal Claims

Miller Canfield

Court Boosts Actions to Avoid or Recover a Listed Transaction Penalty

Miller Canfield on

For some time, the IRS has "listed" certain transactions as suspect. Based on a recent Sixth Circuit decision, a taxpayer against whom the IRS proposes a penalty for failure to report participation in a listed transaction may...more

Perkins Coie

Federal Circuit Clarifies Prejudice Is Never Presumed in Bid Protests

Perkins Coie on

Last week, in a decision that will increase the burden of proof for contractors in bid protests, the U.S. Court of Appeals for the Federal Circuit clarified that prejudice, a critical part of any protest action, is not to be...more

Jones Day

OT Protesters Looking for a Place to Land

Jones Day on

The Situation: The Federal District Court for the District of Arizona recently dismissed MD Helicopters' Other Transaction ("OT") protest for lack of jurisdiction. The court reasoned that, although the OT was not a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Takings/Mineral Rights Lessee: Court of Federal Claims Addresses U.S. Environmental Protection Agency Withdrawal of 404 Permit

The Court of Federal Claims addressed in a May 29th opinion a Fifth Amendment Takings Claim associated with the United States Environmental Protection Agency’s withdrawal of a Clean Water Act 404 permit that had been issued...more

Cohen Seglias Pallas Greenhall & Furman PC

Déjà Vu All Over Again?

As a child growing up just outside of New York City, I was a big New York Yankees fan. My grandfather used to love telling me stories about how far Mickey Mantle could hit a ball and what a tremendous pitcher Whitey Ford was,...more

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