CSX CORP. v. UNITED STATES

No. 20-12494.

18 F.4th 672 (2021)

CSX CORPORATION, Atlantic Land & Improvement Company, Carrollton Railroad, Chessie Computer Services, Inc., CSX Intermodal Terminals, Inc., CSX Rail Payroll Services, Inc., CSX Real Property, Inc., CSX Transportation, Inc., CSX Transportation Terminals, Cybernetics & Services, Inc., Fruit Growers Dispatch, Inc., Fruit Growers Express Company, Total Distribution Services, Inc., Transflo Terminal Services, Inc., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: November 10, 2021.


Attorney(s) appearing for the Case

Bryan Michael Killain , Mary Bell Hevener , Steven Paul Johnson , Stephanie Schuster, Morgan Lewis & Bockius, LLP, Washington, DC, Clay. Matthew Carlton , Morgan Lewis & Bockius, LLP, Miami, FL, for Plaintiffs-Appellants.

Nathaniel S. Pollock , Ellen Page DelSole , Francesca Ugolini , U.S. Department of Justice, Appellate Section Tax Division, William E. Farrior , U.S. Department of Justice, Tax Division, Michael N. Wilcove , USDOJ-Tax Division, Washington, DC, for Defendant-Appellee.

Before WILLIAM PRYOR, Chief Judge, LAGOA, Circuit Judge, and WATKINS, District Judge.


This appeal requires us to decide whether relocation benefits provided by a railroad to its employees are exempt under the Railroad Retirement Tax Act as "bona fide and necessary expenses incurred [by the employee] ... in the business of the employer," 26 U.S.C. § 3231(e)(1)(iii), and if so, what, if any, substantiation...

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