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BANKERS TRUST NEW YORK CORP. v. U.S.

No. 99-5066.

225 F.3d 1368 (2000)

BANKERS TRUST NEW YORK CORPORATION and Consolidated Subsidiaries, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 20, 2000.

Attorney(s) appearing for the Case

Thomas C. Durham, Mayer, Brown & Platt, of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief were Joel V. Williamson, Russell R. Young, Mayer, Brown & Platt, of Chicago, Illinois; and Kim Marie Boylan, Mayer, Brown & Platt, of Washington, DC.

Charles Bricken, Attorney, Tax Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Loretta C. Argrett, Assistant Attorney General; and David English Carmack, Attorney.

Before PLAGER, LOURIE, and CLEVENGER, Circuit Judges.

PLAGER, Circuit Judge.

This is a tax refund case, on appeal from the United States Court of Federal Claims. The United States Internal Revenue Service ("IRS") refused to allow Bankers Trust New York Corporation and Consolidated Subsidiaries (collectively "Bankers Trust") to claim a foreign tax credit for certain taxes assessed by and paid to Brazil on the interest earned from loans to borrowers in that country. When Bankers Trust sued to obtain the credit sought,...

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