Skip to main content
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

Blakley v. US, No. 09-5047

By FindLaw Staff on January 28, 2010 | Last updated on March 21, 2019

Decision of the Court of Federal Claims awarding plaintiff $10,732 in attorney's fees under the Internal Revenue Code, arising from the imposition of a transfer tax on machine guns manufactured by plaintiff, is reversed as neither the ATF's action in denying the refund on the basis that the firearm had not been misclassified, nor the government's action in defending the denial of the refund on the same ground, was without substantial justification.     

Read Blakley v. US, No. 09-5047

Appellate Information

Appealed from: United States District Court for the District of Delaware

Decided January 27, 2010


Before: Mayer, Plager and Dyk, Circuit Judges

Opinion by  Dyk,  Circuit Judge


For Appellant:   Robert G. Nath, Robert G. Nath PLLC

For Appellee:  Teresa T. Milton, US Department of Justice, Tax Division

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