Delaware withdraws legal order to Supreme Court

The Delaware Department of Insurance (DDOI) has withdrawn its application to the US Supreme Court for a stay in a legal case that the DDOI lost earlier this year.

On July 21 the DDOI filed a motion asking if the Supreme Court could stay the order of the US Court of Appeals for the 3rd Circuit enforcing an Internal Revenue Service summons on the Delaware Department of Insurance for information related to a tax shelter promoter examination.

However, the DDOI has now withdrawn the application. In a letter to the Supreme Court a lawyer for the DDOI said that it had to: “advise the Court that Applicant and Respondent, United States of America, have reached an agreement to avoid the irreparable harm to the Commissioner pending a decision by this Court on a petition for Writ of Certiorari or on the merits if certiorari is granted.”

No further information is yet available on this.