U.S. sues Chesapeake Appalachia over Triana Energy's taxes

By Kyla Asbury | Jun 7, 2013

CHARLESTON - The United States of America is suing Chesapeake Appalachia for failing to pay taxes under the Federal Unemployment Tax Act and the Federal Insurance Contribution Act in 2001, 2002 and 2003.

Chesapeake Appalachia LLC is the successor of Triana Energy Inc.

The United States assessed taxes against Triana Energy in 2001, 2002 and 2003 in the total amount of $431,988.21, according to a complaint filed May 22 in the U.S. District Court for the Southern District of West Virginia at Charleston.

The United States claims despite notice and demand for payment, Triana Energy has failed, neglected or refused to pay the assessments and, as a result, there remains due and owning the amount of $431,988.21 as of May 17, plus statutory additions to tax accruing thereafter.

Triana was formed in 2001, merged with Columbia Natural Resources in 2003, was sold to Chesapeake Energy in 2005, merged with Chesapeake Appalachia in 2006 and then Chesapeake Appalachia became Triana's successor, according to the suit.

The United States claims the defendant was assessed for the 2001 FUTA and FICA taxes and statutory additions, for each of the four quarters in 2002 and the first three quarters of 2003.

The United States is seeking the court to order, adjudge, determine and decree that Chesapeake Appalachia, as successor to Triana, is liable for the tax assessments made against Triana and that the Court enter judgment in favor of the United States and against Chesapeake Appalachia in the amount of $431,988.21. It is being represented by Assistant Attorney General Kathryn Keneally, Christopher W. Sanders and Michael J. Martineau of the U.S. Department of Justice, U.S. Attorney R. Booth Goodwin II and Assistant U.S. Attorney Gary L. Call.

U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:13-cv-11988

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