Marathon Oil Co. v. United States

OPINION

SMITH, Chief Judge.

Plaintiff Marathon Oil Company (Marathon), successor by merger to Husky Oil Company (Husky), seeks recovery of alleged overpayments of Windfall Profit Tax (WPT) paid by Husky in the amount of $5,477,350 for the years 1980 and 1981. Central to the ease are two closing agreements executed by plaintiff and the IRS in October 1986 concerning Husky’s WPT liability for 1980 and 1981. Prior to executing these agreements Marathon, relying upon a recent IRS Revenue Ruling, had filed two refund claims with the IRS for alleged overpayments of WPT in 1980 and 1981. The IRS…