Florida Progress Corp. v. Commissioner of Internal Revenue

Petitioner-Appellant, Florida Progress Corporation, appeals the Tax Court’s decision denying Florida Progress’s request to treat certain bill credits and checks issued to its customers as “refunds” entitled to preferential tax treatment under 26 U.S.C. § 1341(a). The Tax Court ruled that because the putative refunds were really disguised rate reductions, they were not eligible for treatment under that provision.

I

The facts in this case are fully set forth in the Tax Court’s opinion. See Florida Progress Corp. & Subsidiaries v. Commissioner, 114 T.C. 587, 2000 WL 889750 (2000). Those facts may…