Capital Structure

In U.S. Premium Beef, LLC, et al. v. United States of America, Brattle worked on behalf of the US Department of Justice (DOJ) in their dispute with a beef cooperative, which sought a $33 million tax deduction tied to the revaluation of financial instruments issued to its members, a deduction which could only be claimed for debt instruments. A Brattle-supported external academic expert opined on the equity-like characteristics of these instruments, leading to a favorable settlement for our client with an allowed deduction of only $8 million.