Fighting the US treasury is never easy, as we have seen. However I am determined to prevail with the challenge to the GILTI regulations. The goal remains the same: exempt non-US based American small business owners from GILTI.
As you may recall, the Federal DC court of appeals reversed the bogus lower court dismissal of the GILTI case, and sent the case back to the lower court. Next, we asked the lower court to allow us to amend the lawsuit to make sure we neutralize any future “technical” challenges by Treasury that we anticipated. The lower court waited 6 months rule on this simple request to amend, so we had to force the judge’s hand file by asking the appellate court to force the judge to rule.
And the day after we did this, the judge ruled in our favor allowing us to amend. In it’s detailed ruling, the judge appeared to say that we have addressed all future technicalities. As I stated in the Tax Notes article: “It is indeed unfortunate that it took filing the writ to get the judge to rule on this simple procedural motion,” Silver said. “For 4.5 years, 200,000 small businesses have been prejudiced by the court’s unwillingness to comply with its duty to expeditiously administer justice. Will we see prompt timelines and basic fairness from the court? Time will tell.”
The Government filed another motion to dismiss based on technicalities. I believe we have addressed all the technicalities and that we will be allowed to proceed now to the merits. But as we have seen, both Treasury and the judges are doing their best to defeat our cases.
So access all the above documents, see the following links:
