United States Third Circuit

Taxpayer-Alcoa's expenses for environmental clean-up of its industrial sites, mandated by changes in environmental law, do not qualify for the beneficial tax treatment afforded by section 1341 of the Internal Revenue Code because the clean-up expenses do not qualify as restored moneys under section 1341.

Appellate Information

• Argued 05/15/2007
• Decided 11/28/2007
• Published 11/28/2007

Judges

• Before:  FISHER, NYGAARD and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Natalie H. Keller, Esquire (ARGUED), Kirkland & Ellis, Chicago, IL, Counsel for Appellant Alcoa, Inc. and affiliated corporations, formerly known as, Aluminum Company of America., B. John Williams, Jr., Esquire, Skadden, Arps, Slate, Meagher & Flom, NW Washington, DC, Counsel for Amicus-Appellant Curiae Entergy Corporation.


• For Appellees:
  
• Deborah K. Snyder, Esquire (ARGUED),Richard Farber, Esquire, United States Department of Justice, Mary Beth Buchanan, Esquire, United States Attorney, Eileen J. O'Connor, Esquire, Assistant Attorney General, Tax Division, Washington, DC, Counsel for Appellee United States of America.