3rd Circ. Sides With IRS In Majestic Star Casino Tax Dispute

Law360, Wilmington (May 22, 2013, 3:25 PM EDT) -- The Third Circuit on Tuesday overturned a bankruptcy court decision that allowed Majestic Star Casino LLC to escape taxes foisted upon it when the casino operator’s nondebtor parent revoked its “S” corporation status, siding with the U.S. Internal Revenue Service and Majestic Star’s former owner.

In a 55-page opinion addressing a matter of first impression, a three-judge panel found that parent Barden Development Inc.’s switch to a “C” corporation during Majestic Star’s bankruptcy — which subjected them both to federal taxation — did not amount to...
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