HE US Court of Federal Claims in Washington is not expected to issue a judgement on JP McManus's tussle with the US government over a tax bill of $5.2 million (€4.8m) until next summer.
McManus won $17.4m (€15.9m) while gambling against fellow billionaire Alec Gores, a technology investor in the US, back in 2012 but was forced to hand over $5.2m in tax from the winnings. However, lawyers for the leading owner argued he had had already paid a €200,000 domicile levy in Ireland, a flat tax on Irish-domiciled individuals whose worldwide income exceeds €1m and who own Irish property with a value greater than €5m.
The lawyers claim that because he paid this levy, McManus's gambling winnings were exempt from tax in the US under a treaty for the avoidance of double taxation.
McManus filed an amended complaint with the US Court of Federal Claims in Washington on December 29.
"From the Plaintiff's winnings, $5.2m was erroneously withheld by the payor to cover any potential United States federal income tax liability," the new claim submitted on McManus's behalf by a Texas law firm read.
McManus originally sought to have the money returned to him by the US Internal Revenue Service (IRS) in 2012 and his lawyers claim the refund was approved in August 2014. However, the following month, the request was remitted to another IRS department for an additional review.
The matter is unlikely to go to a full hearing, according to the legal papers, as both sides are in agreement that the issues in dispute are primarily legal interpretations of tax laws and that the court can issue a summary judgment based on submissions made to it. However, that judgement is not expected before next summer.
McManus won $17.4m (€15.9m) while gambling against fellow billionaire Alec Gores, a technology investor in the US, back in 2012 but was forced to hand over $5.2m in tax from the winnings. However, lawyers for the leading owner argued he had had already paid a €200,000 domicile levy in Ireland, a flat tax on Irish-domiciled individuals whose worldwide income exceeds €1m and who own Irish property with a value greater than €5m.
The lawyers claim that because he paid this levy, McManus's gambling winnings were exempt from tax in the US under a treaty for the avoidance of double taxation.
McManus filed an amended complaint with the US Court of Federal Claims in Washington on December 29.
"From the Plaintiff's winnings, $5.2m was erroneously withheld by the payor to cover any potential United States federal income tax liability," the new claim submitted on McManus's behalf by a Texas law firm read.
McManus originally sought to have the money returned to him by the US Internal Revenue Service (IRS) in 2012 and his lawyers claim the refund was approved in August 2014. However, the following month, the request was remitted to another IRS department for an additional review.
The matter is unlikely to go to a full hearing, according to the legal papers, as both sides are in agreement that the issues in dispute are primarily legal interpretations of tax laws and that the court can issue a summary judgment based on submissions made to it. However, that judgement is not expected before next summer.
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