Chicago Milwaukee Corporation v. United States

MAYER, Chief Judge.

Chicago Milwaukee Corporation appeals the United States Court of Federal Claims’ judgment, Chicago Milwaukee Corp. v. United States, 35 Fed. Cl. 447 (1996), denying the company a tax refund. We affirm.

Background

The parties stipulate the facts. Chicago Milwaukee succeeds the Chicago, Milwaukee, St. Paul and Pacific Railroad (Railroad), a former carrier subject to the jurisdiction of the Interstate Commerce Commission. See 49 U.S.C. § 10501 (1982). Facing insolvency in late 1977, the Railroad petitioned the United States District Court for the Northern District of Illinois to…