victed at trial, and his conviction was upheld by the Court of Appeals for the Ninth Circuit. (continued on page 3) Client Alert: Status of

to be posted. The Board cited the observation of the U.S. Court of Appeals for the Third Circuit in a case involving the failure to post t

to pre- vent competitors from entering a market, or to circumvent a licensing or permit requirement, all satisfy the business purpose test. In 2004, the U.S. Court of Appeals for the Fifth Circuit addressed the business purpose test in United States v. Kay and held that bribes paid to obtain favorable tax treatment— which reduced a company’s cu

relief. We then appealed the denial to a panel of the United States Court of Appeals for the 9" Circuit, which reversed Doody’s conviction in a 2-1 decis