CA, Inc.'s Answer and Counterclaim - Reed Smith
CA, Inc.'s Answer and Counterclaim - Reed Smith
CA, Inc.'s Answer and Counterclaim - Reed Smith
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From the state tax library of <strong>Reed</strong> <strong>Smith</strong> LLPwww.reedsmith.com/DEtaxfor other related documents, please email ksollie@reedsmith.comk. attempting to escheat property where to do so would allow the State toexercise rights greater than the rights of the purported Owners of theproperty;l. attempting to impose interest on property that is not due to the State; <strong>and</strong>m. employing improper <strong>and</strong> unsupportable estimation techniques, includingimproper growth assumptions <strong>and</strong> extrapolation techniques.5. With respect to the Statute, declare that:a. Declare 29 Del. C. § 10161 <strong>and</strong> Title 12, Chapter 11 of the Delaware Codeunconstitutional under the United State Constitution <strong>and</strong> Sections 7through 9 of Article I of the Constitution of the State insofar as thosestatutes allow the State to deprive <strong>CA</strong> of property without due process oflaw;b. Declare 29 Del. C. § 10161 <strong>and</strong> Title 12, Chapter 11 of the Delaware Codeunconstitutional under the United State Constitution <strong>and</strong> Sections 7through 9 of Article I of the Constitution of the State insofar as thosestatutes abrogate the application of the statutes of limitations of thevarious states of the United States;c. Declare 29 Del. C. § 10161 <strong>and</strong> Title 12, Chapter 11 of the Delaware Codeunconstitutional under the United State Constitution <strong>and</strong> Sections 7through 9 of Article I of the Constitution of the State insofar as thosestatutes do not impose any restraints or limitations on the period that theState may "look back" for purposes of conducting an audit for ab<strong>and</strong>oned<strong>and</strong> unclaimed property.d. Declare 29 Del. C. § 10161 <strong>and</strong> Title 12, Chapter 11 of the Delaware Codeunconstitutional under the United State Constitution <strong>and</strong> Sections 7through 9 of Article I of the Constitution of the State insofar as thosestatutes allow the State to assert rights that are greater than the rights ofthe purported Owners of the ab<strong>and</strong>oned <strong>and</strong> unclaimed property.6. Declare the amount owed to the State pursuant to the VDA;7. Temporarily <strong>and</strong>/or permanently enjoin the State from conducting a further auditof <strong>CA</strong> relative to unclaimed property reported under portions of the Delaware Escheat Laws,Subchapters, 12 Del. C. §§ 1130-1176, 1197-1212;- 85 –
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