Government Lawsuit to Recoup Research Tax Credits

The U.S. District Court for the Southern District of Ohio issued an opinion in U.S. v. Quebe. The case is an erroneous refund claim suit in which the government is seeking to recoup refunds paid based on R&D tax credits. The opinion does not address substantive law, but it identifies several of the weak points for research tax credits generally. The opinion also highlights some of the difficulties in litigating research tax credits.