FLORIDA PROGRESS CORP. AND SUBSIDIARIES v. C.I.R.

Nos. 02-14910, 02-14911.

348 F.3d 954 (2003)

FLORIDA PROGRESS CORPORATION AND SUBSIDIARIES, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Decided October 21, 2003.


Attorney(s) appearing for the Case

Richard P. Swanson, Thelen, Reid & Priest, New York City, for Petitioner-Appellant.

Joan I. Oppenheimer, David I. Pincus, Richard Farber, U.S. Dept. of Justice, Tax Div., Washington, DC, for Respondent-Appellee.

Before ANDERSON and BIRCH, Circuit Judges, and PROPST, District Judge.


PER CURIAM:

Petitioner-Appellant, Florida Progress Corporation, appeals the Tax Court's decision denying Florida Progress's request to treat certain bill credits and checks issued to its customers as "refunds" entitled to preferential tax treatment under 26 U.S.C. § 1341(a). The Tax Court ruled that because the putative refunds were really disguised rate reductions, they were not eligible for treatment under that provision.

I.

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