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Monte Silver’s Lawsuit Opposing The Procedural Aspect of #GILTI Regs Lives On

In summary – Monte Silver’s lawsuit against GILTI lives on!

On April 19, 2024 the U.S. Court Of Appeals released a decision which included:

Plaintiffs had objected before the district court that the Anti-Injunction Act did not apply in light of South Carolina v. Regan, 465 U.S. 367 (1984), because they had no other way to litigate their claims. The defendants argued that the Act barred the suit without exception. The district court, in its Memorandum Opinion, did not address these contentions. On appeal, plaintiffs renew their South Carolina argument. Defendants respond with an argument differing somewhat from their presentation to the district court. That South Carolina argument may require factual development.

We therefore vacate and remand the case for further proceedings consistent with this judgment, which also may encompass additional issues beyond those presented in this appeal. In so ruling, we express no opinion on whether the Anti-Injunction Act would apply regardless of South Carolina v. Regan.

In lawyer talk this means that Mr. Silver’s lawsuit against the GILTI regulations has been returned to the District Court for a reconsideration of the issues. This does NOT mean that Mr. Silver was successful in striking down the GILTI regs. It does mean that he was successful in opposing the “dismissal” of the lawsuit by the District Court.

To put it simply:

Monte lives on to fight another day!!

Summarizing in Twitter Speak:

Those who want more commentary, read on …

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