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ALTRIA GROUP, INC. v. U.S.

No. 1:06-cv-09430-RJH-FM.

694 F.Supp.2d 259 (2010)

ALTRIA GROUP, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S.D. New York.

March 16, 2010.

Attorney(s) appearing for the Case

Dan K. Webb, Julie A. Bauer, Winston & Strawn, LLP, Chicago, IL, Lewis S. Wiener, Victoria O'Connor, Clifford E. Muller, Daniel H. Schlueter, David A. Roby, Jerome B. Libin, Kent L. Jones, Mary E. Monahan, Sutherland Asbill & Brennan, LLP, Washington, DC, for Plaintiff.

David J. Kennedy, Lawrence Heath Fogelman, Robert William Yalen, U.S. Attorney's Office, New York, NY, for Defendant.

MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge:

This case concerns federal income tax deductions plaintiff Altria Group Inc. and its subsidiary Phillip Morris Capital Corp. ("PMCC" or "Altria," collectively with plaintiff) generated by leasing big pieces of infrastructure from tax-indifferent counterparties. These tax shelter transactions are known in the leasing industry as SILOs ("Sale-In-Lease-Out") and LILOs ("Lease-In-Lease-Out...

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