Yankee Atomic Electric Co. v. The United States

NICHOLS, Senior Circuit Judge.

This is an appeal from the Claims Court in a suit for income tax refund. In an unpublished bench opinion, former Chief Judge Kozinski granted a motion by plaintiff-appellee for summary judgment. By stipulation, the judgment was set at $1,311,843.65, plus interest and costs. We affirm.

Facts

Appellee corporation (taxpayer) owns and operates as substantially its sole asset and business an atomic generating facility at Rowe, Massachusetts. Its stockholders and customers are various New England utilities who supply power to consumers. The claim is for refund of income…