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   Federal Courts - 6th Circuit Court of Appeals - February 8, 2006

  
Chrysler Corp. v. Comm'r, No. 03-1214, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 8, 2006, Decided , February 8, 2006, Filed
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Overview: United States Tax Court judgment was affirmed because a taxpayer could not deduct anticipated warranty expenses on an accrual basis under 26 U.S.C.S. § 162, and the statute of limitations period of 26 U.S.C.S. § 6511(d)(3)(A) began with the date prescribed by law for filing the return for the year from which excess foreign taxes were carried.

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Kelly v. Senior Ctrs., Inc., Case No. 04-4094, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 8, 2006, Filed
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Overview: Summary judgment to an employer and supervisors on an employee's hostile work environment claim was affirmed as he failed to raise a genuine issue of disputed fact that the environment unreasonably interfered with his ability to work. However, summary judgment was reversed as to his retaliatory discharge claim as he presented evidence of pretext.

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Mackie v. Gonzales, No. 04-3726, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 8, 2006, Filed
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Overview: Substantial evidence supported denial of asylum based on adverse credibility finding where alien's two asylum applications were completely different. First application claimed alien was from non-black background and was never accepted while second application stated life was in danger because he came from wealthy and politically connected family.

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Marji v. Gonzales, No. 04-4536, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 8, 2006, Filed
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Overview: Under former 8 U.S.C.S. § 1254, a decision denying voluntary departure was a discretionary one. The court thus had jurisdiction to review the immigration judge's decision only for underlying claims of legal or constitutional error, and as the alien made no such claims, the denial of his request for voluntary departure was affirmed.

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United States v. Foreman, No. 04-2450, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 8, 2006, Decided , February 8, 2006, Filed
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Overview: In a prosecution for possession of a firearm by a felon, a district court erred in qualifying defendant's previous crime of fleeing and eluding in the fourth degree as a "crime of violence" for purposes of USSG § 2K2.1(a)(4)(A) because the district court improperly found that the "categorical" approach to resolving the issue was determinative .

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Williams v. Old Dominion Freight Line, Inc., Case No. 04-3611, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 8, 2006, Filed
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