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International Tobacco Partners Ltd. V. United States Dept of Agric. (In re International Tobacco Partners Ltd.)

International Tobacco Partners Ltd. V. United States Dept of Agric. (In re International Tobacco Partners Ltd.)

Ruling
Assessments due under the Fair and Equitable Tobacco Reform Act of 2004 were excise taxes for which USDA was entitled to priority claim.
Procedural posture

Plaintiff debtor filed a complaint against defendant, the U.S. Department of Agriculture (USDA), alleging, inter alia, that amounts owed by the debtor to USDA under the Fair and Equitable Tobacco Reform Act of 2004 (FETRA), 7 U.S.C.S. § 518 et seq., were not a tax, and, if the amounts owed were taxes, then they should be deemed excise taxes under 11 U.S.C.S. § 507(a)(8)(E).

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Commercial opinion summary, case decided on April 06, 2012 , LexisNexis #0512-011