Tenants Can't Sue Over Missing Tax Forms: 2nd Circ.

Law360, New York (November 4, 2011, 6:59 PM EDT) -- The Second Circuit on Friday rejected a class of tenants' bid to revive claims that New Jersey property developer Essex Waterfront Partners LLC failed to provide proper tax returns related to interest earned on security deposits, establishing whether such a suit can be brought under the Internal Revenue Code.

The appeals court found that while the willful filing of a fraudulent tax return violates the IRC and allows for a private action to be filed, simply failing to provide a tax form does not.

“We must...
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