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U.S. v. WISCONSIN POWER AND LIGHT CO.

Nos. 92-3876, 92-3877.

38 F.3d 329 (1994)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. WISCONSIN POWER AND LIGHT COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 19, 1994.

Attorney(s) appearing for the Case

Gary R. Allen, David I. Pincus, Frank P. Cihlar (argued), Dept. of Justice, Tax Div., Appellate Section, S. Hollis Fleischer, Dept. of Justice, Tax Div., Washington, DC, for plaintiff-appellant.

Sharon L. King (argued), William J. Weiss, Sidley & Austin, Chicago, IL, William D. Harvey, Wisconsin Power & Light Co., Madison, WI, for defendant-appellee.

Before COFFEY and ROVNER, Circuit Judges, and WILL, District Judge.

WILL, District Judge.

The United States of America ("Government") filed suit against Wisconsin Power and Light Company ("WPL") to recover an allegedly erroneously issued tax refund for the 1981 tax year. WPL counter-claimed, seeking to obtain additional refunds for the tax years 1975 through 1979. After a bench trial, the district court held in favor of the government. However, the district court later amended its order, concluding that because the government had...

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