Kerr-McGee Corp. v. United States

OPINION AND ORDER

SWEENEY, Judge.

Before the court is Plaintiffs’ Motion for Partial Summary Judgment (“motion”), filed pursuant to Rule 56 of the Rules of the United States Court of Federal Claims (“RCFC”). Plaintiffs sought to deduct environmental remediation costs they incurred in 1995 and 1996 at an old oil refinery site pursuant to 26 U.S.C. § 162 (1994).1 The Internal Revenue Service (“IRS”) disallowed most of plaintiffs’ deductions, insisting that plaintiffs instead capitalize the costs pursuant to 26 U.S.C. § 263. The court finds that plaintiffs may be able to deduct certain…