Final Determination

Final Determination. With respect to any tax liability for a taxable period shall mean the final resolution of such tax liability (including all related interest and penalties) for such taxable period, by (A) a binding agreement without reservation on Internal Revenue Service Form 870-AD (or any successor form thereto), or by a comparable agreement form under the laws of other jurisdictions; (B) a decision, judgment, decree, or other order by a court of competent jurisdiction, which has become final and... unappealable; (C) a closing agreement or offer in compromise under Sections 7121 or 7122 of the Code, or comparable agreements under the laws of other jurisdictions; (D) any allowance of a refund or credit for such taxable period, but only after the expiration of all periods during which such refund may be recovered (including by way of offset) by the tax imposing jurisdiction; or (E) any other final disposition of the tax liability for such period by reason of the expiration of the applicable statute of limitations. View More

Final Determination. A Final Determination shall be deemed to have occurred when the Executive has received from the applicable government taxing authority a refund of taxes or other reduction in his tax liability by reason of the Excess Payment and upon either (1) the date a determination is made by, or an agreement is entered into with, the applicable governmental taxable authority which finally and conclusively binds the Executive and such taxing authority, or in the event that a claim is brought before a court... of competent jurisdiction, the date upon which a final determination has been made by such court and either all appeals have been taken and finally resolved or the time for all appeals has expired, or (2) the statute of limitations with respect to the Executive's applicable tax return has expired. View More

Final Determination. Means a determination as defined in Section 1313(a) of the Code or any other event (including the execution of a Form 870-AD or any other form having substantially the same effect for purposes of any Tax law) that finally and conclusively establishes the amount of any liability for Tax.

Final Determination. Means a final determination by a court of competent jurisdiction or a proceeding of the Internal Revenue Service or its successor agency.

Final Determination. Shall mean (i) with respect to Federal ------------------- Income Taxes, a "determination" as defined in Section 1313(a) of the Code or execution of an Internal Revenue Service Form 870-AD and, with respect to taxes other than Federal Income Taxes, any final determination of liability in respect of a tax that, under applicable law, is not subject to further appeal, review or modification through proceedings or otherwise (including the expiration of a statute of limitations or a... period for the filing of claims for refunds, amended returns or appeals from adverse determinations); or (ii) the payment of tax by any member of the Companies Consolidated Return Group with respect to any item disallowed or adjusted by a Taxing Authority (as hereinafter defined), provided that Companies determines that no action should be taken to recoup such payment. View More

Final Determination. The final resolution of any income tax liability (including all related interest and penalties) for a taxable period. A Final Determination shall result from the first to occur of: (i) the expiration of the period, if any, during which the taxpayer may file a claim for refund following receipt from the Internal Revenue Service (the "IRS") of a fully executed Waiver of Restrictions on Assessment and Collection of Deficiency in Tax and Acceptance of Overassessment on IRS... Form 870 or a fully executed IRS Form 870-AD that, in either case, determines the tax liability of the taxpayer for the taxable period (the "Waiver") (or any successor form or any comparable form with respect to any comparable agreement under the laws of any other jurisdiction), provided the taxpayer does not file a claim for refund during that period; (ii) a final decision by a court of competent jurisdiction in respect of which all rights to appeal have expired or have been exhausted; (iii) the execution of a closing agreement under section 7121 of the Code that finally determines the tax liability of the taxpayer for the taxable period; (iv) the acceptance by the IRS of an offer to compromise described in Treasury regulation section 301.7122-1(e)(5) that finally determines the tax liability of the taxpayer for the taxable period; (v) the expiration of the applicable statute of limitations for the taxable period; or (vi) any other event that the parties hereto agree is a final determination of the liability at issue. View More

Final Determination. Means a Revenue Determination: (a) which is agreed in writing by the Sellers and in respect of which the Company enters into a contract settlement with the Inland Revenue or such other binding agreement pursuant to which the Inland Revenue formally brings its enquiry to an end; or (b) in respect of which the Inland Revenue issues a closure notice pursuant to Schedule 18 of the Finance Act 1998 or such other formal notice to the effect that it... has completed its investigation in relation to the Company stating its determination or conclusion as to the amount of national insurance contributions due and payable by the Company from which there is no appeal or the Company does not appeal within which such appeal may be brought; or (c) in respect of which a court of competent jurisdiction in England from which there is no further appeal or from whose judgment the Company does not appeal within the period during which such appeal may properly be brought; View More

Final Determination. Shall mean the final resolution of any tax matter, including, but not limited to, (1) a closing agreement with the Internal Revenue Service (the "IRS") or the relevant state, local or foreign taxing authority, (2) an agreement contained on IRS Form 866, IRS Form 906, or other comparable form, (3) an agreement that constitutes a determination under Section 1313(a)(4) of the Code, (4) a final disposition of a claim for refund, (5) a deficiency notice with respect to which the period for filing a... petition with the Tax Court or the relevant state, local or foreign tribunal has expired, or (6) a decision of any court of competent jurisdiction that is not subject to appeal or as to which the time for appeal has expired. 2 View More

Final Determination. Or "Finally Determined" means a determination made by a court of competent jurisdiction as to which there is no further right or option of appeal or as to which the time within which an appeal must be filed has expired without such filing.

Final Determination. Means an audit adjustment by the Internal Revenue Service that is either (i) agreed to by both the Executive (or his estate) and the Company (such agreement by the Company to be not unreasonably withheld) or (ii) sustained by a court of competent jurisdiction in a decision with which the Executive and the Company concur (such concurrence by the Company to be not unreasonably withheld) or with respect to which the period within which an appeal may be filed has lapsed without a notice of appeal... being filed or there is no further right of appeal. View More