Ninth Circuit Denies Petition for Rehearing

Tax Appellate Blog

11.21.2019

On Tuesday, the Ninth Circuit denied Altera's petition for rehearing en banc (which petition we discussed in our recent post here). The order issuing that denial includes a strong, 22-page dissent written by Judge Smith and joined by Judges Callahan and Bade. (Ten judges recused themselves, meaning that the vote was 10-3 against rehearing.) The dissent made several arguments for why the petition should have been granted, taking aim at the panel's reasoning in upholding the regulation and warning about the decision's broader effects.

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