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EXXON CORPORATION v. UNITED STATES

No. 87-1516.

840 F.2d 916 (1988)

EXXON CORPORATION, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 8, 1988.

Attorney(s) appearing for the Case

Robert L. Moore, II, Miller & Chevalier, Chartered, Washington, D.C., argued for plaintiff-appellee. With him on the brief, were John B. MaGee, Thomas D. Johnston and J. Bradford Anwyll, of counsel. Also on the brief, was Jennings T. Smith, New York City, of counsel.

Mildred L. Seidman, Dept. of Justice, Washington, D.C., argued for defendant-appellant. With her on the brief, were William S. Rose, Jr., Acting Asst. Atty. Gen., Michael L. Paup and Jonathan S. Cohen, Washington, D.C.

Before MARKEY, Chief Judge, and DAVIS and BISSELL, Circuit Judges.

BISSELL, Circuit Judge.

The United States appeals the judgment of the United States Claims Court, Exxon Corp. v. United States, 12 Cl.Ct. 434 (1987), awarding Exxon a tax refund of $25.3 million plus interest. We vacate and remand.

BACKGROUND

This is the second time this case comes before us. Because the underlying facts have been extensively discussed elsewhere, see Exxon Corp. v. United States, 785 F.2d 277

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