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Tax
We regularly represent the State of Louisiana in corporate income and franchise tax matters and are currently handling several such matters. We have handled some of the State's largest corporate tax disputes, including obtaining a $26 million jury verdict awarding taxes, interest and penalties, believed to be the largest jury award of its kind in Louisiana history. Representative projects include:
John Kennedy and State of Louisiana v. Tennessee Gas Pipeline Company. Represented the State’s Department of Revenue in a corporate income tax dispute and obtained a $26.6 million jury verdict including a 50 percent fraud penalty (the first of its kind in Louisiana).
BP Oil Supply Company v. Cynthia Bridges, Secretary of the Department of Revenue, State of Louisiana. Represented the Department from 2006 to 2009 in a franchise tax action involving BP Oil Supply Company and BP Products North America, Inc. The suit primarily concerned the proper tax treatment of certain intercompany payables. In August 2009, Fishman Haygood filed a motion for summary judgment on behalf of the Department. Shortly after that motion was filed, BP elected to apply for amnesty under a state amnesty program offered in the fall of 2009. As a result, BP paid in excess of $34 million dollars in taxes and interest to the State.
BP Products North America, Inc. v. Cynthia Bridges, Secretary of the Department of Revenue, State of Louisiana. Representing the Department in an action involving corporate income taxes alleged to be due from BP Products North America, Inc. The action concerns primarily the proper tax treatment of a $496 million dollar gain realized by BP when it sold the Alliance Refinery in Belle Chase, Louisiana. The suit seeks from BP taxes and interest in excess of $50 million dollars.
International Paper Company v. John N. Kennedy, Secretary of the Department of Revenue. Represented the Department in a multi-million dollar dispute with International Paper regarding the treatment of certain income under Louisiana law. The matter was settled on confidential terms.
Texaco Refining and Marketing East, Inc. [and various other Texaco entities] v. John Kennedy and State of Louisiana. Represented the Department in a corporate income and franchise tax dispute involving tens of millions of dollars. The matter was settled on confidential terms.
In addition to these matters, Fishman Haygood has represented the Department in multi-million dollar tax cases involving Florida Gas Company, Shell Oil Company, Lafarge North America, Argosy Gaming, United Artists and others.
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