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EXXON CORP. AND SUBSIDIARIES v. U.S.

No. 95-5116.

88 F.3d 968 (1996)

EXXON CORPORATION and Subsidiaries, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined September 17, 1996.

Attorney(s) appearing for the Case

Robert L. Moore, II, Miller & Chevalier, Washington, DC, argued, for plaintiffs-appellants. With him on the briefs were Thomas D. Johnston, Emmett B. Lewis, and Alan I. Horowitz.

Thomas J. Clark, Attorney, Tax Division, Dept. of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief were Loretta C. Argrett, Asst. Atty. Gen., Gary R. Allen, Chief, Appellant Section, and Bruce R. Ellisen.

Before NEWMAN, Circuit Judge, SMITH, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined September 17, 1996.

CLEVENGER, Circuit Judge.

Invoking our jurisdiction under 28 U.S.C. § 1295(a)(3) (1994), Exxon Corporation and its subsidiaries (Exxon) appeals from the decision by the Court of Federal Claims in Exxon Corp. v. United States, 33 Fed.Cl. 250 (1995). In that decision, the court held that Exxon's claimed depletion deduction was based on a legally insufficient representative...

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