United States Fifth Circuit

In a taxpayer dispute over the rate at which the government paid interest on overpayments of taxes by Exxon corporation, a ruling against Exxon is affirmed where, based on the plain language of the GATT Amendment, the tax court correctly concluded that the reduced GATT rate applies to accrued interest on tax overpayments over $10,000, as well as to the principal tax overpayment, after the effective date of the amendment.

Appellate Information

• Decided 04/10/2007
• Published 04/11/2007

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, DENNIS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Alan I. Horowitz (argued), Robert Letcher Moore, II, Kevin Lee Kenworthy, Miller & Chevalier, Washington, DC, for Petitioner.


• For Appellees:
  
• Steven W. Parks (argued), U.S. Dept. of Justice, Tax Div., Robert R. Di Trolio, U.S. Tax Court, Donald L. Korb, Chief Counsel, I.R.S., Thomas J. Clark, U.S. Dept. of Justice, Tax Div., Appellate Section, Eileen J. O'Connor, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, DC, for Respondent.