Reefco Services Inc. v. GOVERNMENT OF THE VIRGIN ISLANDS
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN REEFCO SERVICES, INC., Plaintiff, v. GOVERNMENT OF THE VIRGIN ISLANDS and VIRGIN ISLANDS BUREAU OF INTERNAL REVENUE, Defendants. ) ) ) ) ) Case No. 3:14-cv-0110 ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on partial remand from the Third Circuit Court of Appeals (Case No. 18-3290). On October 7, 2020, the Third Circuit issued an opinion affirming this Court’s declaratory and monetary relief ordered on September 28, 2018 (ECF No. 79). The Third Circuit further affirmed in part this Court’s November 26, 2018 Memorandum Opinion (ECF No. 96) insofar as the Memorandum Opinion enjoined the Government of the Virgin Islands from collecting excise tax from importers, but not local manufacturers. The Third Circuit, however, vacated the portion of the November 26, 2018 Order requiring this Court’s approval of the Government of the Virgin Islands’ promulgated rules and regulations, and remanded this matter for further proceedings as to whether the excise tax has been assessed against local manufacturers. …
Download the original document · Plain text (TXT) · Browse the archive · How this archive works
Original source: https://archive.org/download/gov.uscourts.vid.31180/gov.uscourts.vid.31180.132.0.pdf
SHA-256 de32f5d5235bcbf92eb51ac952ec97853cf40432d5db902ede484227c4d920b7
Re-using this document
mixed and recorded per item: public domain by age or as a US government work for what was taken; controlled-digital-lending and restrictively licensed items EXCLUDED, each listed with its reason
Our description, tagging, arrangement, extracted text and machine transcripts are released under CC0 1.0. We assert nothing about the document itself.
Archive identifier LF-de32f5d5235b
Document text
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN REEFCO SERVICES, INC., Plaintiff, v. GOVERNMENT OF THE VIRGIN ISLANDS and VIRGIN ISLANDS BUREAU OF INTERNAL REVENUE, Defendants. ) ) ) ) ) Case No. 3:14-cv-0110 ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on partial remand from the Third Circuit Court of Appeals (Case No. 18-3290). On October 7, 2020, the Third Circuit issued an opinion affirming this Court’s declaratory and monetary relief ordered on September 28, 2018 (ECF No. 79). The Third Circuit further affirmed in part this Court’s November 26, 2018 Memorandum Opinion (ECF No. 96) insofar as the Memorandum Opinion enjoined the Government of the Virgin Islands from collecting excise tax from importers, but not local manufacturers. The Third Circuit, however, vacated the portion of the November 26, 2018 Order requiring this Court’s approval of the Government of the Virgin Islands’ promulgated rules and regulations, and remanded this matter for further proceedings as to whether the excise tax has been assessed against local manufacturers. On October 29, 2020, the Third Circuit issued its Mandate, making the remanded question ripe for determination. Accordingly, it is hereby ORDERED that this matter shall be scheduled for an evidentiary hearing at 10:00 A.M. on December 9, 2020, in St. Thomas Courtroom No. 1. It is further Case: 3:14-cv-00110-RAM-RM Document #: 132 Filed: 11/02/20 Page 1 of 2 ORDERED that the Government of the Virgin Islands shall be required to provide proof of compliance with this Court’s November 26, 2018 Order. Specifically, the Government of the Virgin Islands must demonstrate that it is assessing the excise tax against local manufactures equally to its assessment against importers. DATED: November 2, 2020 /s/ Robert A. Molloy Robert A. Molloy District Judge Case: 3:14-cv-00110-RAM-RM Document #: 132 Filed: 11/02/20 Page 2 of 2