United States Federal Circuit

In a suit brought by Pennzoil-Quaker State Company seeking a refund under section 1341 of the Internal Revenue Code, partial summary judgment in favor of Pennzoil is reversed where: 1) payments it made in settlement of an antitrust suit brought by its suppliers of crude oil did not arise from the same circumstances as its past understatement of cost of goods sold (COGS); and 2) even if its claim did not suffer that fatal flaw, relief under section 1341 would be barred by the inventory exception.

Appellate Information

• Decided 01/08/2008
• Published 01/08/2008

Judges

• Before MAYER, Circuit Judge, JACOBS, Chief Judge  and PROST, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William L Goldman, McDermott Will & Emery LLP, of Washington, DC, for amicus curiae.


• For Appellees:
  
• Peter A. Lowy, of Houston, Texas, argued for plaintiff-appellee.   Of counsel on the brief was J. Bradford Anwyll, Alston & Bird LLP, of Washington, DC., Deborah K. Snyder, Attorney, Tax Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief were Eileen J. O'Connor, Assistant Attorney General, and Richard Farber, Attorney.