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BIZCAP, INC. v. OLIVE

No. 89-3199.

892 F.2d 1163 (1989)

BIZCAP, INC. v. Anthony OLIVE, Director of Internal Revenue, and the Government of the Virgin Islands. Appeal of Anthony P. OLIVE, Director of Bureau of Internal Revenue and the Government of the Virgin Islands, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 29, 1989.

Rehearing and Rehearing Denied January 30, 1990.

Attorney(s) appearing for the Case

Joanne E. Bozzuto (argued), Asst. Atty. Gen. (Tax), V.I. Dept. of Justice, Charlotte Amalie, St. Thomas, U.S.V.I., for appellants.

Todd H. Newman, Nichols, Newman and Silverlight, Christiansted, St. Croix, U.S.V.I., Fred F. Fielding (argued), Wiley, Rein and Fielding, Washington, D.C., Ronald D. Hinds, Dallas, Tex., for appellee.

Before GIBBONS, Chief Judge, and MANSMANN and NYGAARD, Circuit Judges.

Rehearing and Rehearing In Banc Denied January 30, 1990.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

We are faced here with the confusion which results when an erroneously decided opinion is legislatively corrected prior to its ultimate reversal by the court of appeals. Thus, we must decide whether a Virgin Islands corporation, which lobbied for an exception to the Tax Reform Act of 1986, won a hollow victory and found itself, though not liable...

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