IN RE LONG-DISTANCE TELEPHONE SERVICE

Nos. MDL 1798, 12-5380.

751 F.3d 629 (2014)

In re LONG-DISTANCE TELEPHONE SERVICE FEDERAL EXCISE TAX REFUND LITIGATION-MDL 1798, Oscar Gurrola, et al., Appellants Anthony Belloni, Appellee Rosalva Gurrola and Bernadette Carol Duffy, Appellants v. United States of America, Acting by and Through the Internal Revenue Service, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 9, 2014.


Attorney(s) appearing for the Case

Michael A. Bowen argued the cause for appellants Neiland Cohen, et al. Benjamin F. Johns argued the cause for appellants Oscar Gurrola, et al. With them on the briefs were Jonathan W. Cuneo , Robert J. Cynkar , William H. Anderson , Nicholas E. Chimicles , Marc B. Dorfman , Mark C. Rifkin , Henry D. Levine , Charles Tiefer , and Randy J. Hart.

Ellen P. DelSole , Attorney, U.S. Department of Justice, argued the cause for appellee United States of America. With her on the brief were Tamara W. Ashford , Principal Deputy Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Gilbert S. Rothenberg and Teresa E. McLaughlin , Attorneys.

Opinion concurring in part and dissenting in part filed by Circuit Judge BROWN.


RANDOLPH, Senior Circuit Judge:

I.

This appeal has its genesis in 26 U.S.C. § 4251, which imposes an excise tax "on amounts paid for ... toll telephone service." Telephone service is taxed only if its price "varies in amount with the distance and elapsed transmission time of each individual communication." Id. § 4252(b). Technological advances of the last few decades changed cost structures and, as a result, telephone companies began charging...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases