LITTRIELLO v. U.S.

No. 05-6494.

484 F.3d 372 (2007)

Frank A. LITTRIELLO, Plaintiff-Appellant, v. UNITED STATES of America and United States Department of Treasury, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 13, 2007.


Attorney(s) appearing for the Case

ARGUED: Irwin G. Waterman, Seiller Waterman LLC, Louisville, Kentucky, for Appellant. Bridget M. Rowan, United States Department of Justice, Washington, D.C., for Appellees.

ON BRIEF: Irwin G. Waterman, Michael T. Hymson, Seiller Waterman LLC, Louisville, Kentucky, for Appellant. Bridget M. Rowan, David I. Pincus, United States Department of Justice, Washington, D.C., for Appellees.

Before KENNEDY and DAUGHTREY, Circuit Judges; ADAMS, District Judge.


OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

In this appeal from a grant of summary judgment to the government, we are presented with a case of first impression regarding the validity of the Treasury Department's so-called "check-the-box" regulations, 26 C.F.R. §§ 301.7701-1 to 301.7701-3, promulgated in 1996 to simplify the classification of business entities for tax purposes.

The plaintiff...

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