Costain Coal, Inc. v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
SCHALL, Circuit Judge.
Costain Coal, Inc. (“Costain”) appeals from the July 1, 1996 judgment of the United States Court of Federal Claims, denying Costain’s motion for summary judgment and granting the government’s cross-motion in Costain’s suit for a refund of federal excise taxes imposed on the sale of coal pursuant to Internal Revenue Code § 4121. Costain Coal, Inc. v. United States, 36 Fed. Cl. 38 (1996). In its decision, the court calculated the amount of tax due under section 4121 by determining the price charged by a producer for a ton of coal, where “coal” did not include any excess…
2Cases cited11 opinions
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