Pat Smith Quoted in Both Tax Notes and the Daily Tax Report On Possible Next Steps in Altera Case

Ivins attorney Pat Smith was quoted in articles in both Tax Notes and Bloomberg BNA’s Daily Tax Report on possible next steps in the Ninth Circuit Altera case, including a petition for rehearing, and the effect on these next steps of the recent appointment of a new Ninth Circuit judge, Judge Susan Graber, to replace Judge Stephen Reinhardt on the panel for this case, as a result of Judge Reinhardt’s death between the time of the oral argument in the case and the time when the opinion was issued.

Intel Subsidiary Altera Cost-Sharing Case Probably Won't End Here. Daily Tax Report.

Patrick J. Smith, a partner at Ivins, Phillips & Barker, Chartered, who disagreed with the Ninth Circuit's ruling said, “the Tax Court has to feel disappointed after they clearly treated this decision as a very important decision.”

Altera is likely to pursue further legal remedy, Smith told Bloomberg Tax.

Smith said filing for rehearing en banc is probably the best choice for Altera because two judges with opposing views on this issue aren't enough for a panel rehearing.

Smith added that Judge Reinhardt's participation on the panel prior to his death could peak the [Supreme] Court's interest.

“Judge Reinhardt had a reputation as being a judge whose opinions the Supreme Court tended to look at carefully,” Smith said.

Ninth Circuit Names Replacement Judge in Altera Case. Tax Notes.

Patrick J. Smith of Ivins, Phillips & Barker Chtd. said that Graber’s appointment could give Altera an advantage if it sought a rehearing, saying the chances “are higher here than in the normal case where there has been no change in the composition of the panel.”