Stipulated Decision Entered in Mylan Inc.’s Deficiency Case

MYLAN INC. & SUBSIDIARIES
Petitioner,
v.
COMMISSIONER OF INTERNAL REVENUE
Respondent.

UNITED STATES TAX COURT

Judge Laro

DECISION

Pursuant to the stipulation of the parties in this case, and incorporating herein the facts stipulated by the parties as the findings of the Court, it is

ORDERED AND DECIDED: That there is a deficiency in income tax due from petitioner for the taxable year 2007 in the amount of $1,223;

That there is a deficiency in income tax due from petitioner for the taxable year 2008 in the amount of $9,927,619;

That there is no deficiency in income tax due from, nor overpayment due to, petitioner for the taxable year 2010; and

That there is no deficiency in income tax due from petitioner for the taxable year 2011, and that there is an overpayment in income tax for the taxable year 2011 in the amount of $1,871,170, which amount was paid on March 15, 2012, and for which amount a claim for refund could have been filed, under the provisions of I.R.C. § 6511(b)(2), on April 14, 2014, the date of the mailing of the notice of, deficiency.

It is hereby stipulated that the Court may enter the foregoing decision in this case in accordance with the stipulation of the parties submitted herewith.

It is further stipulated that the deficiencies and overpayment were determined without regard to any carryback adjustments which were not at issue in this case.

It is further stipulated that interest will be credited or paid as provided by law on any overpayments in tax due to petitioner.

It is further stipulated that interest will be assessed as provided by law on the deficiencies due from petitioner.

It is further stipulated that, effective upon the entry of this decision by the Court, petitioner waives the restrictions contained in I.R.C. § 6213(a) prohibiting assessment and collection of the deficiencies (plus statutory interest) until the decision of the Tax Court becomes final.

DRITA TONUZI
Deputy Chief Counsel
(Operations)
Internal Revenue Service

ARMANDO GOMEZ
Skadden, Arps, Slate,
Meagher & Flom LLP
Counsel for Petitioner
Tax Court Bar No. GA0514
1440 New York Avenue, N.W.
Washington, DC 20005
Telephone: (202) 371-7868

Date: 11-06-2017

By: EMILY J. GIOMETTI
Special Trial Attorney
(Large Business & International)
Tax Court Bar No. GE0326
312 Elm St., Suite 2300
Cincinnati, OH 45202-2727
Telephone: (513) 975-6847

Date: 01-09-2018