In a recent case (CTA Case 9177), the Court of Tax Appeals applied the same concept of in pari delicto
when it found out that both the taxpayer and the BIR caused the infirmities in the two waivers, and considering that the taxpayer benefited from the flaws of the waivers which it voluntarily executed, the Court resolved to uphold the validity of the waivers.
Circuit Court of Appeals held that the in pari delicto doctrine barred a trustee, acting on behalf of a bankrupt corporation, from recovering from the corporation's former accountants for their failure to prevent the fraudulent conduct of the corporation's senior managers.
For similar reasons, Gants said, under common law, a principal acting through an agent cannot be barred from recovery under the doctrine of in pari delicto "unless the principal is found to be morally blameworthy, and conduct by an agent that is sufficient to hold a principal vicariously liable to third parties will not always be sufficient, on its own, to support that finding."
(1) In pari delicto is a well-established common law defense, applicable to federal statutes, that bars plaintiffs from recovery when the plaintiff bears substantial fault and responsibility for the wrongdoing.
The District Court dismissed the civil RICO claims because the Republic of Iraq was barred by the common-law defense in pari delicto. (17) Applying the two-prong test, the District Court found that the Hussein Regime established an equal or greater responsibility in the racketeering than the defendants, and that public policy was not harmed.
An auditor's success in using the in pari delicto
defense varies significantly, depending on the applicable law of the stale in which die lawsuit is filed.
The in pari delicto
doctrine is raised in all of these cases.
The defendants responded that a bankruptcy trustee stands in the shoes of the debtor and, thus, is subject to the in pari delicto
defense, just as the debtor would have been in the absence of a bankruptcy.
In contrast to basic agency principles of attribution, the common-law defense of in pari delicto
may be applied in a manner that is sensitive to variations among degrees of culpability.
When confronted with the in pari delicto
defense, courts have utilized a two-part analysis.
Ampil invoked the in pari delicto
defense and filed a counterclaim for damages, contending that Abacus violated the mandatory closeout rule under the RSA.
The defense of "in pari delicto
" alleges the government acted in concert with the defendant in engaging in conduct which the government pleads is illegal.