Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Cohen v. US, No. 08-5088

By FindLaw Staff on August 07, 2009 5:31 PM

In an action challenging an IRS refund policy regarding certain excise taxes, dismissal of the complaint is affirmed in part where plaintiffs failed to exhaust their remedies with the IRS before filing suit. But the dismissal is reversed in part where IRS Notice 2006-50 operated as a substantive rule rather than a general policy statement, and thus was subject to review under the Administrative Procedure Act.

Read Cohen v. US, No. 08-5088

Appellate Information

Argued May 1, 2009

Decided August 7, 2009

Judges

Opinion by Judge Brown

Counsel

For Appellants:

Michael A. Bowen, Foley & Lardner LLP, Milwaukee, WI

Robert J. Cynkar, Foley & Lardner LLP, Milwaukee, WI

For Appellee:

Ellen Page DelSole, U.S. Department of Justice, Washington, DC

Gilbert S. Rothenberg, U.S. Department of Justice, Washington, DC

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard