Greenberg Gross LLP Wins Ninth Circuit Appeal For $10 Million In Tax Refunds

As reported in Law360, partner Evan Borges won a Ninth Circuit appeal for former ad agency executive Thomas Rubin against the Internal Revenue Service. Borges successfully argued that Rubin is entitled to pursue a $10 million tax refund because he had complied with a legal requirement to report inconsistencies between his personal tax return and his company’s tax return. The Ninth Circuit reversed the district court’s dismissal of Rubin’s lawsuit against the IRS for denying him the tax refund. Rubin’s tax refund litigation, which will now go forward, arose out of changes in law related to a bankruptcy trustee’s treatment on the corporate return of a claimed $67 million of cancellation of indebtedness income.
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