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KOCH INDUSTRIES, INC. AND SUBSIDIARIES v. U.S.

Case No. 06-1049-JTM.

564 F.Supp.2d 1276 (2008)

KOCH INDUSTRIES, INC. AND SUBSIDIARIES, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

July 10, 2008.

Attorney(s) appearing for the Case

Alexis Anne Macivor, Lisa M. Zarlenga, Matthew D. Lerner, Steptoe & Johnson LLP, Washington, DC, James M. Armstrong, Foulston Siefkin LLP, Wichita, KS, for Plaintiff.

Ann Reid, Michael J. Roessner, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM AND ORDER

J. THOMAS MARTEN, District Judge.

This is an action by Koch Industries, Inc. and its subsidiary companies seeking to determine whether it may properly report its income from a New Mexico highway project pursuant to the percentage of completion method (PCM) authorized by 26 U.S.C. § 460, IRC § 460. The defendant United States contends that PCM may not be used for any of Koch's income from the project. Both Koch and the United...

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