Articles Posted in U.S. 4th Circuit Court of Appeals

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Former Shareholders of Tarcon filed petitions in the Tax Court contesting the Commissioner's notices of transferee liability. The Tax Court ruled in favor of the Former Shareholders, applying Commissioner v. Stern, holding that the Commissioner could only collect from the Former Shareholders if, under North Carolina law, a Tarcon creditor could recover payments of Tarcon's debts from the Former Shareholders. The court concluded that the Tax Court properly identified and applied the controlling legal framework as set forth in Stern and it did not commit clear error in its factual findings. Accordingly, the court affirmed the judgment in favor of the Former Shareholders. View "Starnes v. Commissioner, IRS; Stroupe v. Commissioner, IRS; Naples v. Commissioner, IRS; Morelli, Sr. v. Commissioner, IRS" on Justia Law

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Appellant, a former shareholder in Wachovia, sought to recover personally for the decline in value of his shares of Wachovia stock during the recent financial crisis. The district court dismissed the suit, concluding that appellant's complaint stated a claim derivative of injury to the corporation and that he was therefore barred from bringing a direct or individual cause of action against defendants. The court held that because appellant's varied attempts to recast his derivative claim as individual were unavailing, the judgment of the district court was affirmed. View "Rivers, Jr. v. Wachovia Corp., et al." on Justia Law

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The under seal appellant ("Company 1"), a foreign company, appealed the district court's denial of its motion to quash the government's grand-jury subpoenas served on the under seal intervenor ("Company 2") where the subpoenas sought documents that Company 1 delivered to Company 2 in response to discovery requests that arose during the course of civil litigation between the two companies in district court. The court affirmed the denial of Company 1's motion to quash the government's subpoenas and held that the district court did not abuse its discretion in determining that the subpoenas passed muster under Rule 17 of the Federal Rules of Criminal Procedure and Company 1 provided no basis for the court to craft a new procedural rule in support of its position. The court also held that there were no clearly erroneous rulings by the district court in resolving the factual issue regarding the nature of Company 2's interaction with the government and Company 1 failed to show that the issue merited any further investigation or an evidentiary hearing. The court rejected Company 1's remaining arguments and affirmed the district court's denial of Company 1's motion to quash.