The National Law Forum

The Blog of the The National Law Review

Category Archives: Litigation

U.S. Tax Court Rejects Internal Revenue Service’s (IRS) Restrictive View of Trust Material Participation

The U.S. Tax Court recently issued a taxpayer favorable opinion regarding how a trust materially participates in its activities. The court’s holding will make it easier for trusts to currently deduct expenses against non-passive income and to exclude income from the reach of the new 3.8% net investment income tax. In Frank Aragona Trust v. Comm’r, …

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Supreme Court Inks Uniform Standing Test for Lanham Act False Advertising Claims

Key Takeaways The US Supreme Court created a uniform test for standing for false advertising claims under Section 43(a) of the Lanham Act, resolving a three-way circuit split. The new standing test requires the plaintiff to allege and prove that it suffered an injury to a commercial interest in sales or business reputation, and that …

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