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MAXUS ENERGY CORP. AND SUBSIDIARIES v. U.S.

No. 93-5005.

31 F.3d 1135 (1994)

MAXUS ENERGY CORPORATION AND SUBSIDIARIES, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 29, 1994.

Attorney(s) appearing for the Case

Thornton Hardie, III, Thompson & Knight, Dallas, TX, argued, for plaintiff-appellant.

Charles Bricken, Dept. of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief were James A. Bruton, Acting Asst. Atty. Gen., Gary R. Allen and Richard Farber.

Before COWEN, Senior Circuit Judge, and, MAYER and PLAGER, Circuit Judges.

PLAGER, Circuit Judge.

This is a tax case. The Internal Revenue Service (IRS) determined that deductions, taken in 1984 and 1985 by a manufacturer of the Agent Orange chemical defoliant based on a settlement of claims brought by Vietnam veterans for injuries allegedly arising from exposure to Agent Orange, were improper. Maxus Energy Corporation (Maxus) and subsidiaries sought relief in the Court of Federal Claims.1 That court, after granting...

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