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TRINET GROUP, INC. v. U.S.

No. 19-10997.

979 F.3d 1311 (2020)

TRINET GROUP, INC., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 5, 2020.

Attorney(s) appearing for the Case

Bryan Michael Killian , Raechel Keay Kummer , Morgan Lewis & Bockius, LLP, Washington, DC, Clay Matthew Carlton , Morgan Lewis & Bockius, LLP, Miami, FL, for Plaintiff-Appellee.

Jacob Earl Christensen , Bruce R. Ellisen , Mary Elizabeth Smith , Thomas K. Vanaskie , U.S. Department of Justice, Chief Appellate Section Tax Division, Washington, DC, for Defendant-Appellant.

Before JORDAN, TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge.

This appeal arises out of a dispute between TriNet and the IRS regarding an alleged overpayment of federal income tax in the amount of $10,567,468. TriNet initiated this action as the successor-in-interest of Gevity HR, Inc., a professional employer organization ("PEO"). From 2004 to 2009, Gevity claimed tax credits based...

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