CA, Inc.'s Answer and Counterclaim - Reed Smith

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From the state tax library of Reed Smith LLPwww.reedsmith.com/DEtaxfor other related documents, please email ksollie@reedsmith.comabsence will be inadequate, and because the State will have adequate remedies if its claims aredismissed. Accordingly, the State's claims for relief are barred because this action cannotproceed in equity and good conscience without joinder of the other states to whom CA hasescheated unclaimed property.FORTY-FOURTH AFFIRMATIVE DEFENSEThe State's claims for relief are barred, in part, as a matter of law because the State has noright, claim, or title to amounts due to the federal government as a result of federal preemption.FORTY-FIFTH AFFIRMATIVE DEFENSEThe State's claims for relief are barred, in part, as a matter of law because the State has noright, claim, or title to amounts due for credits owed to businesses with addresses in Illinois,Indiana, Iowa, Kansas, Maryland, Massachusetts, North Carolina, Ohio, Virginia, and Wisconsinas credits issued by a business to business are not subject to escheat in these states.FORTY-SIXTH AFFIRMATIVE DEFENSEThe State's claims for relief are barred, in part, as a matter of law because the State has noright, claim, or title to amounts due for credits owed to businesses with whom CA has a currentrelationship with addresses in Arizona, Tennessee, and Texas as credits issued by a business tobusiness with whom CA has a current relationship are not subject to escheat in these states.FORTY-SEVENTH AFFIRMATIVE DEFENSEThe State's prayer for damages must be offset by mathematical errors contained in theState's calculation of alleged amounts owed.FORTY-EIGHTH AFFIRMATIVE DEFENSEThe State's claims for relief are barred because the Abandoned Property Statute isunconstitutional and unenforceable to the extent that it permits the State to impair valid,- 34 –
From the state tax library of Reed Smith LLPwww.reedsmith.com/DEtaxfor other related documents, please email ksollie@reedsmith.comenforceable contracts, including the right by the State to escheat property to which the owner nolonger has a legal right or interest pursuant to the relevant contract with the holder.FORTY-NINTH AFFIRMATIVE DEFENSEThe State's claims for relief are barred as a matter of law because neither the AbandonedProperty Statute nor the common law provide the State with any right, claim, or title toabandoned property owed to a foreign citizen.FIFTIETH AFFIRMATIVE DEFENSEThe State's claims for relief are barred by the doctrine of accord and satisfaction.FIFTY-FIRST AFFIRMATIVE DEFENSEThe State's claims for relief are barred as a matter of law because the State's defined lookback period to 1981 when auditing and/or demanding amounts allegedly owed by holders isarbitrary and capricious.FIFTY-SECOND AFFIRMATIVE DEFENSEThe State's claims for relief are barred as a matter of law because the estimation methodutilized by the State to calculate the amount of abandoned property allegedly due utilizesarbitrary "growth factors" that have no basis in fact or law.FIFTY-THIRD AFFIRMATIVE DEFENSEThe State's claims for relief are barred as a matter of law because the estimation methodutilized by the State to calculate the amount of abandoned property allegedly due utilizesarbitrary extrapolation techniques that have no basis in law or fact.FIFTY-FOURTH AFFIRMATIVE DEFENSEThe State's claims for relief are barred as a matter of law because the estimation methodutilized by the State to calculate the amount of abandoned property allegedly due utilizesarbitrary annualization techniques that have no basis in law or fact.- 35 –
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CA, Inc.'s Answer and Counterclaim - Reed Smith

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