Tax,
9th U.S. Circuit Court of Appeals
Nov. 10, 2017
9th Circuit ruling sets up high court test on categorizing investments under tax law
The 9th U.S. Circuit Court of Appeals further entrenched a three-way circuit split over whether investments should be considered debt or equity for the purposes of tax law.
9th U.S. Circuit Court of Appeals Judge Alex Kozinski ruled that a dispute over how investments should be treated is a question of fact. Circuit courts are divided on the question.
The 9th U.S. Circuit Court of Appeals further entrenched a three-way circuit split over whether investments should be considered debt or equity for the purposes of tax law.
In a unanimous opinion published Thursday, Judge Alex Kozinski cited circuit precedent in ruling that the question was a matter of fact. Hewlett-Packard v. CIR, 2017 DJDAR 10700.
The 9th Circuit has sided with the 6th Circuit, bu...
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