Texaco Inc. v. United States

CALLAHAN, Circuit Judge:

This appeal requires that we undertake the task of interpreting a provision of the Internal Revenue Code, 26 U.S.C. § 1341. In essence, this statute allows a taxpayer, who is required to pay to a third party income on which it has already paid income tax, credit for the tax it paid on that income. Subsection (b)(2), however, provides that this credit is not available “with respect to an item which is included in gross income by reason of the sale [of inventory].” 26 U.S.C. § 1341(b)(2).

Texaco Inc. 1 sought a tax refund of $101,043,085 under 26 U.S.C. § 1341(a) because…