Philadelphia & Reading Corporation v. United States

OPINION OF THE COURT .

HUTCHINSON, Circuit Judge.

Philadelphia & Reading Corporation (taxpayer) appeals from a final order of the United States District Court for the District of Delaware granting summary judgment in favor of the United States (government) in the taxpayer’s action for a tax refund totalling more than $10,000,000.00. The claimed refund is for taxes paid under assessments1 that both the taxpayer and *1065the government recognize were illegal. However, the district court accepted the government’s argument that equitable considerations required the rejection of the taxpayer’s refund…