The court further held that Emery PC established all of the elements of equitable recoupment
and could recoup Emery LLP's employment tax overpayment for the first quarter of 1999 to offset its unpaid employment taxes for that period.
Using airline predation as an example, Part II identifies points of flexibility when applying the recoupment
and price-cost tests.
"It doesn't seem like it'd be fair," he said of the recoupment
The debtors and the committee also argued that no provision of the Bankruptcy Code or case law supports the creditors' argument that their exercise of setoff and recoupment
rights to apply the credits to first reduce their less valuable general unsecured claims against the debtors trumps the debtors' assertion of their setoff and recoupment
rights to apply the credits to reduce the creditors' far more valuable Section 503(b)(9) priority claims.
Defendant is entitled to recoupment
. He asserts a right to recoupment
from the transaction that gave rise to the note - the sale of the business.
A letter of rebuttal - a formal statement as to why the recoupment
should not take place - is ideal when the wrong doctor or practice has been audited or the audit violates state rules on look-back timelines.
Another option is to negotiate by paying the recoupment
sum, but getting the auditors to agree that no further look-backs will occur from a certain time frame.
And the team can't make a decision based just on information about "regression" and "recoupment
." Another important issue to consider is whether your child is in the process of acquiring an important skill that might be lost if there is a long break in instruction.
has been described as a "powerful tool" in bankruptcy, capable of seriously influencing an individual's income or an organization's ability to reorganize.
At a lesser level, if the Department could just defray even a small percentage of program costs through recoupment
of expenditures, we would be much better off.
At that, if the feasibility study shows recoupment
of investments in 2 or 3 years, then the project can be considered as effective," the source said.
The bill also limits the number of selected prescription claims to 200 and does not allow for recoupment
of funds for clerical errors.
"The Department contacted the Deputy to apologise for the embarrassment caused, the ministerial pension has now ceased and arrangements for recoupment
are being put in place." Mr Browne was a Minister of State and is entitled to a ministerial pension - but not while he is a sitting TD.
government outlawed the so-called GAAP tax funds pioneered by the likes of Ingenious, which shared their recoupment
position with the Film Council.