MEDTRONIC, INC. & CONSOL. SUBSIDIARIES v. C.I.R.

No. 17-1866.

900 F.3d 610 (2018)

MEDTRONIC, INC. & CONSOLIDATED SUBSIDIARIES, Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2018.


Attorney(s) appearing for the Case

Jenny A. Austin , Thomas V. Linguanti , Morgan & Lewis, 5th Floor, 77 W. Wacker Drive, Chicago, IL 60601-0000, Robert S. Walton , Baker & McKenzie, Suite 3500, Suite 5000, 300 E. Randolph Street, Chicago, IL 60601, for Appellee.

Christopher J. Bello , U.S. Internal Revenue Service, Office of Chief Counsel, 1111 Constitution Avenue, N.W., Washington, DC 20224-0000, Richard Farber , U.S. Department of Justice, Tax Division, Appellate Section, 4316 Rfk Bldg., 950 Pennsylvania Avenue, N.W., Washington, DC 20530-0001, Judith Ann Hagley , Gilbert Steven Rothenberg , Senior Attorney, U.S. Department of Justice, Tax Division, Appellate Section, 950 Pennsylvania Avenue, N.W., Washington, DC 20530-0001, David A. Hubbert , U.S. Department of Justice, Tax Division, Appellate Section, Ben Franklin Station, P.O. Box 502, Washington, DC 20044, for Appellant.

Before WOLLMAN, SHEPHERD, and ERICKSON, Circuit Judges.


The Commissioner of Internal Revenue (Commissioner) appeals from the tax court's valuation of Medtronic, Inc. and its consolidated subsidiaries' (Medtronic) true income for the 2005 and 2006 tax years.

The Commissioner characterizes this dispute as involving "the classic case of a U.S. multinational taxpayer (Medtronic...

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