Cohen v. US, No. 08-5088 - - DC Circuit
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Cohen v. US, No. 08-5088

In an action challenging an IRS refund policy regarding certain excise taxes, dismissal of the complaint is affirmed in part where plaintiffs failed to exhaust their remedies with the IRS before filing suit. But the dismissal is reversed in part where IRS Notice 2006-50 operated as a substantive rule rather than a general policy statement, and thus was subject to review under the Administrative Procedure Act.

Read Cohen v. US, No. 08-5088

Appellate Information

Argued May 1, 2009

Decided August 7, 2009

Judges

Opinion by Judge Brown

Counsel

For Appellants:

Michael A. Bowen, Foley & Lardner LLP, Milwaukee, WI

Robert J. Cynkar, Foley & Lardner LLP, Milwaukee, WI

For Appellee:

Ellen Page DelSole, U.S. Department of Justice, Washington, DC

Gilbert S. Rothenberg, U.S. Department of Justice, Washington, DC