UNITED PARCEL SERVICE v. COMM, INTERNAL REV

No. 00-12720.

254 F.3d 1014 (2001)

UNITED PARCEL SERVICE OF AMERICA, INC., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Decided June 20, 2001.


Attorney(s) appearing for the Case

Paul T. Friedman, James E. Merritt, Paul C. Flurn, Morrison & Foerster, LLP, San Francisco, CA, Shirley M. Hufstedler, Morrison & Foerster, LLP, Los Angeles, CA, Joel V. Williamson, Mayer, Brown & Platt, Chicago, IL, for Petitioner-Appellant.

Andrea R. Tebbets, Richard Farber, U.S. Dept. of Justice, Tax Div., App. Section, Washington, DC, for Respondent-Appellee.

Peter H. Winslow, Schribner, Hall & Thompson, Washington, DC, for Alliance of American Insurers, Amicus Curiae.

Before WILSON and COX, Circuit Judges, and RYSKAMP, District Judge.


COX, Circuit Judge:

The tax court held United Parcel Service of America, Inc. (UPS) liable for additional taxes and penalties for the tax year 1984. UPS appeals, and we reverse and remand.

I. Background

UPS, whose main business is shipping packages, had a practice in the early 1980s of reimbursing customers for lost or damaged parcels up to $100 in declared value.1 Above that level, UPS would assume liability up to the...

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