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KOHLER CO. v. U.S.

No. 05-4472.

468 F.3d 1032 (2006)

KOHLER COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 20, 2006.

Attorney(s) appearing for the Case

Janice A. Rhodes, Kravit, Hovel, Krawczyk & Leverson, Milwaukee, WI, Philip Karter (argued), Herbert Odell, Miller & Chevalier, West Conshohocken, PA, for Plaintiff-Appellee.

Bruce R. Ellisen, Bridget M. Rowan (argued), Dept. of Justice, Tax Division, Appellate Section, Washington, DC, for Defendant-Appellant.

Before POSNER, MANION, and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.

Kohler, the well-known manufacturer of plumbing products, brought suit for a refund of federal income taxes. It won on summary judgment, 387 F.Supp.2d 921 (E.D.Wis.2005), and the government appeals.

In 1986, Kohler decided to build a plant in Mexico that it estimated would cost at least $29 million. It needed pesos in order to pay for land, building contractors, and other inputs. How to get them...

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