News & Analysis as of

False Claims Act (FCA) Income Taxes

Morgan Lewis

DC’s False Claims Act Enforcement Boosted By $40 Million Tax-Related Settlement

Morgan Lewis on

To generate revenue, increase enforcement resources, and “crack down on tax fraudsters,” the District of Columbia amended its False Claims Act (DC FCA) in 2021 to expressly impose liability arising from DC tax code...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

$40 Million Settlement With Bitcoin Billionaire And Company Shows The D.C. False Claims Act’s New Tax Provision Has Sharp Teeth

Takeaways: •The Office of the Attorney General for D.C. announced a $40 million settlement with Michael Saylor and MicroStrategy, Inc., marking the largest income tax recovery in D.C. history. •The resolution arose from a...more

McDermott Will & Emery

Tax That DC?!?! FCA Suit on Residency Brings Business Intelligence Company into the Crosshairs

For the first time since the enactment of the False Claims Amendment Act of 2020, the DC Attorney General’s (AG’s) Office has used its new tax enforcement powers to pursue an alleged personal income tax deficiency. This...more

Jones Day

District of Columbia Expands False Claims Act to Include Qui Tam Tax Fraud Actions

Jones Day on

The enforcement of the District's tax laws had previously been left exclusively to government agencies; a newly enacted bill will make the District one of a few jurisdictions to allow relators to bring qui tam suits alleging...more

BakerHostetler

Taxing Santa - A Satirical Summary of 2020 State Tax Issues

BakerHostetler on

In this light-hearted episode, Matt Hunsaker explains how Wayfair, marketplace facilitator laws, false claims acts, economic nexus, the manufacturing exemption, and other issues apply to Santa Claus....more

McDermott Will & Emery

Plaintiffs’ Lawyers Descend as DC Considers False Claims Act Expansion Again!

McDermott Will & Emery on

The D.C. Council is once again preparing to consider legislation (B23-0035; the False Claims Amendment Act of 2019) that would authorize tax-based false claims actions, allowing private, profit-motivated parties to bring...more

McDermott Will & Emery

[Event] West Coast Tax Forum: California & Beyond: The Impact Of State, Federal And International Tax Developments On Golden State...

McDermott Will & Emery on

Tax professionals are on the frontlines, responding to state, federal and international tax developments that significantly impact business objectives. California taxpayers face particularly unique challenges. Join members...more

McDermott Will & Emery

California Bill Would Remove Tax Bar to False Claims Act

California legislators have recently introduced a bill, AB 1270, that would amend the False Claims Act (Act) to strike the tax bar. As introduced, the bill would amend the existing false claims statute in the state of...more

McDermott Will & Emery

Illinois Bills to Watch

McDermott Will & Emery on

Just days away from the May 31 close of its regular legislative session, the Illinois General Assembly has yet to enact the comprehensive series of tax and budget reforms that were first proposed by the Illinois Senate...more

McDermott Will & Emery

Tax Highlights of Proposed Illinois “Grand Bargain”

McDermott Will & Emery on

In an effort to resolve Illinois’ 20-month budget impasse, the Illinois Senate leadership (Senate Majority Leader John Cullerton and Senate Minority Leader Christine Rodogno) have jointly proposed a series of bills to...more

McGuireWoods LLP

How Is a Relator’s Recovery in an FCA Settlement Taxed?

McGuireWoods LLP on

This rarely litigated question was presented to the Seventh Circuit in Patrick v. Commissioner of Internal Revenue, No. 14-2190, 2015 WL 5024985, — F.3d —- (Aug. 26, 2015). Previously, the First Circuit, in Fresenius Medical...more

Latham & Watkins LLP

First Circuit Liberalizes Tax Deductibility Standard of False Claims Act Settlements

Latham & Watkins LLP on

Appellate court affirms $50 million tax refund to FCA defendant, holding that the “economic realities” of settlement payments determine whether they are compensatory. Civil False Claims Act (FCA) settlements, which...more

King & Spalding

First Circuit Rules in Favor of Dialysis Operator in Tax Dispute

King & Spalding on

On August 13, 2014, the United States Court of Appeals for the First Circuit affirmed a district court’s judgment in a tax dispute proceeding that Fresenius Medical Care Holdings, Inc. (Fresenius) was entitled to more than...more

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