Counterclaims against US and Poarch Band Dismissed in Tax Dispute

This is a continuation of Poarch Band of Creek Indians v. Hildreth, recently decided by the Eleventh Circuit.

Here are the materials in Poarch Band of Creek Indians v. Moore (S.D. Ala.):

77-magistrate-rr

79-poarch-band-objections

80-dct-order

An excerpt:

After due and proper consideration of all issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated August 10, 2016 is ADOPTED as the opinion of this Court with the following exceptions. The Court does not adopt the recommendation to deny the Plaintiff’s Motion to strike Defendant Moore’s affirmative defenses numbered 4 and 5, but rather grants the motion to strike defenses 4 and 5 for the reasons set forth in Plaintiff’s Objections (Doc. 79). The report and recommendation is adopted in all other respects.

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