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The Tax Opinions of Judge Alito (PDF)
Tax Notes via TaxProf Blog 
[Opinion] Jan. 11, 2006
7 pages; employee benefits cases are discussed at pages 5 and 6. Excerpt: "Lee A. Sheppard analyzes the tax opinions written by Third Circuit Judge Samuel Alito, whom President Bush has nominated to the Supreme Court, and concludes that the judge picks and chooses his arguments based on where he wants the law to go."
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