Pikeville Coal Co. v. United States

OPINION

ROBINSON, Judge:

This tax refund case is before the court on defendant’s motion to dismiss and plaintiffs’ motion for partial summary judgment.

Plaintiff, Pikeville Coal Company,1 seeks tax refunds for years 1978, 1979, and 1980. During the years in question, Pikeville was a wholly-owned domestic subsidiary of Stelco, Inc. (“Stelco”), a Canadian corporation. Plaintiff sold coal to Stelco. Plaintiff wants to correct the prices for which the coal was sold, thereby requiring a downward adjustment in its taxable income. The Internal Revenue Service (“I.R.S.”) adjusted the coal prices.…