Tag Archives: Marc Zell

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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Part 35 – 2023: US Supreme Court Denies Cert Petition In @MonteSilver1 lawsuit against @USTransitionTax – Lawsuit Ends

As has been discussed in previous posts, Monte Silver, a U.S. tax lawyer based in Israel launched an important challenge to the legality in how the S. 965 transition tax regulations impacted Americans abroad who owned small business corporations. The challenge included the claim that Treasury had failed to meet its statutory obligations as prescribed under the Regulatory Flexibility Act. lawsuit has been discussed in previous posts. The bottom line is that Mr. Silver was unable to meet the “standing requirements” needed to pursue the lawsuit.

Important events include:

March 2023 – the cert petition:

May 2023 – the denial of the cert petition:

John Richardson – Follow me on Twitter @Expatriationlaw