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FORTIS, INC. v. U.S.

No. 03 Civ. 5137(JGK).

420 F.Supp.2d 185 (2005)

FORTIS, INC., Plaintiff, v. UNITED STATES of America Defendant.

United States District Court, S.D. New York.

February 14, 2005.

Attorney(s) appearing for the Case

Bradley S. Waterman, Washington, DC, Henry D. Levine, Levine, Blaszak, Block and Boothby, L.L.P., Washington, DC, Richard C. Yeskoo, Yeskoo, Hogan & Tamlyn, L.L.P., New York, NY, Stephen J. Rosen, Levine, Blaszak, Block and Boothby, L.L.P., Washington, DC, for Fortis, Inc.

Benjamin H. Torrance, U.S. Attorney's Office, SDNY, New York, NY, for U.S.

OPINION AND ORDER

KOELTL, District Judge.

The plaintiff, Fortis, Inc. ("Fortis"), seeks a refund from the Internal Revenue Service ("IRS") on excise taxes that Fortis remitted for certain long-distance telephone service. Fortis originally filed a motion seeking summary judgment in its favor on the liability of the Government on Fortis's claim to the refund. See Fortis, Inc. v. United States, No. 03 Civ. 5137, 2004 WL 2085528, *1,

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