Or, Here We Go Again

 A rather cryptic order from Ch J Michael B. (“Iron Mike”) Thornton sending Gerdau Macsteel, Incorporated, and Related Subsidiaries, Docket No. 12642-01, filed 1/23/14, back to Judge Marvel “for purposes of conducting any further proceedings pursuant to the just-referenced appellate mandate.” Order, at p. 1.

What “appellate mandate”, you may ask? Nothing in the trade press or blogosphere about a mandate from the Fifth Circuit issued 1/10/14.

And why, do you ask, am I blogging about this case yet again? See my blogpost “Macsteal”, 8/30/12, wherein I breezed through 214 pages of Judge Marvel’s prose anent the misdoings of Deloitte and Gerdau Macsteel etc.

I was perplexed by this “mandate”. I put in a call to lead counsel for the taxpayer, and if it is ever returned (and if I am given permission to disclose), I will provide such enlightenment as I may.

For the time being, however, it would seem that all Judge Marvel’s lucubrations, analyses and deconstructions have gone for naught.

Here’s the scoop from PACER for Fifth Circuit:

“COURT ORDER granting joint stipulation of the parties to dismiss the cross appeal pursuant to Fed. R. App. P. 42, filed by Appellant Cross-Appellee CIR and Appellee Cross-Appellant Gerdau Macsteel, Incorporated and Affiliated Subsidiaries [7535212-2]; FURTHER granting the joint stipulation of the parties to vacate the decision of the Tax Court and remand the case, filed by Appellant Cross-Appellee CIR and Appellee Cross-Appellant Gerdau Macsteel, Incorporated and Affiliated Subsidiaries [7535207-2]. Judge: CDK, Judge: WED, Judge: JWE. [13-60132] (DLJ).”

Vacate the decision and remand the case? Here we go again.