BREAKING NEWS: 9th Circuit temporarily prohibits CCC from disclosing IPI’s confidential income tax information
The U.S. Court of Appeals for the Ninth Circuit has temporarily prohibited the Commonwealth Casino Commission from disclosing Imperial Pacific International (CNMI) LLC’s confidential income tax information that is subject of a legal dispute.
In their order issued Thursday, Ninth Circuit judges A. Wallace Tashima and Milan D. Smith Jr. temporarily stayed or suspended the order of U.S. District Court for the NMI Chief Judge Ramona V. Manglona that denied the petition of IPI and its two subsidiaries for a preliminary injunction.
The Ninth Circuit issued the order after IPI filed an emergency motion requesting the appellate court to stay Manglona’s order while its appeal is pending.
The Ninth Circuit judges ordered that CCC is temporarily enjoined from disclosing the confidential income tax information that is the subject of dispute between IPI and CCC, pending resolution of the emergency motion.
Basically, the public can’t see the information that has been redacted until the Ninth Circuit makes a decision on IPI’s emergency motion.
In a 25-page decision issued Tuesday, Manglona ruled that IPI and its subsidiaries Grand Marianas (CNMI) LLC and Imperial Pacific Properties LLC have not met their burden for a preliminary injunction.
IPI and its subsidiaries have asked the federal court to prevent the disclosure of unredacted financial statements because, in their view, those statements contain confidential information protected from disclosure by provisions in the CNMI tax code and the Open Government Act, and by guarantees of privacy in the U.S. and Commonwealth Constitutions.
In order to obtain such protection, IPI filed a petition for preliminary injunction prohibiting CCC from releasing the unredacted financial statements while this case is pending.
More details to follow.