Guardian Industries Corp. v. United States

OPINION

MEROW, Senior Judge.

Plaintiff seeks to recover a $2,724,752 refund from the corporate income tax payments) it made to the Internal Revenue Service (“IRS”) for 2001, based upon asserted entitlement to a foreign tax credit under 26 U.S.C. § 901(b)(1). Both parties have moved for summary judgment. For the reasons discussed below, it is determined that plaintiff is entitled to the credit sought.

Facts

Guardian Industries Corp., a Delaware Corporation with principal corporate offices located in Auburn Hills, Michigan, is the parent company of a group of subsidiaries in the United States,…