Fifth Circuit denies rehearing request on its decision that federal oil spill tax on exported crude oil is unconstitutional

A panel of judges of the US Court of Appeals for the Fifth Circuit recently held that the federal oil spill liability tax imposed by IRC Section 4611(b) on crude oil that is exported outside of the US violated the Export Clause of the US Constitution (Export Clause). On May 23, 2022, the Fifth Circuit denied the government’s request to rehear the case with a full panel.

Source EY

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