Exxon Corporation v. The United States

BISSELL, Circuit Judge.

The United States appeals the judgment of the United States Claims Court, Exxon Corp. v. United States, 12 Cl.Ct. 434 (1987), awarding Exxon a tax refund of $25.3 million plus interest. We vacate and remand.

BACKGROUND

This is the second time this case comes before us. Because the underlying facts have been extensively discussed elsewhere, see Exxon Corp. v. United States, 785 F.2d 277 (Fed.Cir.1986); Exxon, 12 Cl.Ct. 434; Exxon Corp. v. United States, 7 Cl.Ct. 347 (1985), we will here only briefly mention those facts necessary for the disposition of the case.

In 1960,…