Jerald David August Quoted In Bloomberg Article, "Amid Inversion Crackdown, IRS Blesses Delphi's British Domicile"

By Zachary Mider

On August 13th Jerald David August, Partner at Kostelanetz & Fink LLP, was quoted in a Bloomerberg News article that is now published online.

Excerpt from the "Unique Obstacles" section of the article:

The Delphi case may have presented unique obstacles, said Jerald David August, a partner at Kostelanetz & Fink LLP, a New York tax firm. The IRS may have worried that a loss in court would force it to revise a round of anti-inversion regulations from 2009, he said -- or that the case would bring unwelcome attention to the administration’s own role in Delphi’s expatriation. The company shifted its tax address as part of the fallout from General Motors Co.’s 2009 bankruptcy and bailout, which were overseen by Obama’s administration.

“The government threw in the towel when it may have had a strong case to present to a court to review,” said August, who wasn’t involved in the case. “The stakes involved in presenting this issue for full review may have had other, non-tax repercussions.”

For their part, Delphi officials had always insisted their case was strong and pledged in securities filings to “vigorously” defend their position. On Wednesday, the company  declined to comment beyond saying it’s “satisfied” with the IRS’s decision. The IRS also declined to comment.

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