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Thus, tax in that scenario would not be determined. The Governments assertion that the tax is determined at the time of production is unpersuasive and does not explain the statutory distinction appearing in other IRC provisions between a tax that has been paid or determined and one that has not been paid or determined. Compare 26 U.S.C

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Represented a regional tobacco manufacturer in the first-ever multistate settlement of released claims arising under state tobacco escrow statutes

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