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FORD MOTOR CO. v. U.S.

2017-2360.

908 F.3d 805 (2018)

FORD MOTOR COMPANY, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: November 9, 2018.

Attorney(s) appearing for the Case

JESSICA LYNN ELLSWORTH , Hogan Lovells US LLP, Washington, DC, argued for plaintiff-appellant. Also represented by EUGENE ALEXIS SOKOLOFF , KATHERINE BOOTH WELLINGTON ; ROBERT E. KOLEK , Schiff Hardin LLP, Chicago, IL.

RICHARD CALDARONE , Tax Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by DAVID A. HUBBERT , FRANCESCA UGOLINI.

Before Moore, Wallach, and Hughes, Circuit Judges.

Ford Motor Co. sued the United States in the Court of Federal Claims to recover interest payments that it alleges the government owes on Ford's past tax overpayments. Ford can only recover this interest if it and its Foreign Sales Corporation subsidiary were the "same taxpayer" under

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