VAINISI v. C.I.R.

No. 09-3314.

599 F.3d 567 (2010)

Jerome R. VAINISI and Doris L. Vainisi, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 17, 2010.


Attorney(s) appearing for the Case

Debra Sadow Koenig (argued), Godfrey & Kahn, Milwaukee, WI, for Petitioners-Appellants.

Richard Farber, Teresa T. Milton (argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent-Appellee.

Before BAUER, POSNER, and SYKES, Circuit Judges.


POSNER, Circuit Judge.

This appeal from the Tax Court presents an important question concerning the taxation of banks that either (1) are subchapter S corporations or (2) are wholly owned by such corporations and are classified as "qualified subchapter S subsidiaries" ("QSubs"), as is permissible unless they're in one of the categories of "ineligible corporations." 26 U.S.C. §§ 1361(b)(2), (3). Thirty-one percent of all federally insured banks are either...

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