The best bits can be buried in the footnotes.
Here the 2nd Circuit throws shade at the 5th Circuit for their head scratching reversal in a key SE Tax case on the limited partner exception.
Could have said the Fifth is crazy trying to concoct a difference that doesn't exist.
Or perhaps just two judges in the 5th try to save face in a complete reversal.
But they handle it with a bit more class.
ERC litigation is narrowing the lane.
The list of cases to date have been interesting. Court volume is high enough that cases aren't even making typical news rounds!
Suppose it makes sense as there have mostly been recurring themes emerging. Here are the key points.
Bottom line: ERC has evolved from a refund program into a substantiation program (or maybe it always was!).
Cases do not center on "Did COVID affect the business?"
It is "Can the taxpayer prove a qualifying order caused a measurable suspension of operations?"