News & Analysis as of

Settlement Income Taxes False Claims Act (FCA)

Pietragallo Gordon Alfano Bosick & Raspanti,...

$40 Million Settlement With Bitcoin Billionaire And Company Shows The D.C. False Claims Act’s New Tax Provision Has Sharp Teeth

Takeaways: •The Office of the Attorney General for D.C. announced a $40 million settlement with Michael Saylor and MicroStrategy, Inc., marking the largest income tax recovery in D.C. history. •The resolution arose from a...more

McGuireWoods LLP

How Is a Relator’s Recovery in an FCA Settlement Taxed?

McGuireWoods LLP on

This rarely litigated question was presented to the Seventh Circuit in Patrick v. Commissioner of Internal Revenue, No. 14-2190, 2015 WL 5024985, — F.3d —- (Aug. 26, 2015). Previously, the First Circuit, in Fresenius Medical...more

Latham & Watkins LLP

First Circuit Liberalizes Tax Deductibility Standard of False Claims Act Settlements

Latham & Watkins LLP on

Appellate court affirms $50 million tax refund to FCA defendant, holding that the “economic realities” of settlement payments determine whether they are compensatory. Civil False Claims Act (FCA) settlements, which...more

King & Spalding

First Circuit Rules in Favor of Dialysis Operator in Tax Dispute

King & Spalding on

On August 13, 2014, the United States Court of Appeals for the First Circuit affirmed a district court’s judgment in a tax dispute proceeding that Fresenius Medical Care Holdings, Inc. (Fresenius) was entitled to more than...more

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