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Showing posts with the label inter pares review

Continuing a Discussion of the Supreme Court's Term: Statutes

As noted yesterday, today we'll discuss  Wisconsin Central v. US,  the  SAS Institute  case, and  Chavez-Meza v. US.  These deal, respectively, with the definition of "compensation" for tax purposes, patent law administrative challenges, and the use of the sentencing guidelines. Coming off of the dispute we discussed yesterday, which placed employees and management in stark opposition, Wisconsin Central may seem refreshing and even wholesome: a private company and its employees working together to oppose a government encroachment on their dealings (successfully, it turns out.) Actually, various subsidiaries of the Canadian National Railway Company sued the United States for a $13 million tax refund. Their attorneys argued on the basis of the language in the Railroad Retirement Tax Act, which says that the compensation to be taxed includes "any form of money remuneration paid to an individual for services rendered as an employee." The US has been tax...