Analysis

9th Circ. Altera Decision Could Warrant Rare En Banc Review

Law360 (July 26, 2018, 7:27 PM EDT) -- A set of unusual factors surrounding the IRS’ win in an Intel Corp. subsidiary’s lawsuit challenging a cost-sharing rule, including a dissent pointing out that the win was based on arguments the agency itself didn’t provide, could lead to a reconsideration of the issue by the entire Ninth Circuit bench.

A legal battle between Intel’s Altera Corp. and the Internal Revenue Service over a 2003 rule on cost-sharing agreements may not be over just yet. (AP) Although the Ninth Circuit rarely grants an en banc review, or a hearing before the full court, there could be a greater reason to do...

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