Shawn O'Brien

Shawn O'Brien

McDermott Will & Emery

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The Employee Retention Credit: A court challenge to IRS guidance

Case: Stenson Tamaddon LLC v. IRS, No. CV-24-01123-PHX-SPL, 2025 WL 1725942 (D. Ariz. June 20, 2025) On June 20, 2025, the US District Court for the District of Arizona denied a motion for summary judgment that was filed...more

7/9/2025  /  Administrative Procedure Act , Employment Litigation , Government Agencies , IRS , Judicial Authority , Statutory Interpretation , Summary Judgment , Tax Credits , Taxation

The Employee Retention Credit: IRS’s “Risking” Model Faces Legal Challenge

Case: ERC Today LLC et al. v. John McInelly et al., No. 2:24-cv-03178 (D. Ariz.) In an April 2025 order, the US District Court for the District of Arizona denied a motion for a preliminary injunction filed by two tax...more

4/24/2025  /  Administrative Procedure Act , Employee Retention , Government Agencies , IRS , Judicial Authority , Preliminary Injunctions , Risk Assessment , Tax Credits , Tax Liability , Tax Returns
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