Kevin Downing's Arguments on Behalf of Swiss Insurer Quoted in Law360

"Starr Says $38M Tax Treaty Suit Reviewable By Court"
Law360
12.02.15Kevin Downing's arguments on behalf of Swiss insurer Starr International Co. Inc. were quoted in Law360. The insurer defended its suit for $38 million in tax refunds under a 1996 treaty between the United States and Switzerland, arguing that the court would not be meddling in diplomatic affairs were it to hear the case. The government argued the judge's only recourse would be to tread on foreign affairs by ordering a consultation between both countries before a party can earn a refund. "I don't understand what the impediment is other than to frustrate this court," Downing said, adding that the government's narrative about sensitive foreign policy issues stemming from the consultation requirement "whittles away" when looking at the situation in the case at hand. "It sounds like a great story but it's not backed up by any facts," he said.
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