Legal Opinion

Union Carbide Corp. & Subsidiaries v. Commissioner

Court of Appeals for the Second Circuit

Decided September 7, 2012No. Docket 11-2552PublishedCited by 14 opinions

1Opinion of the Court

Judge POOLER concurs in the judgment and opinion of the Court and files a separate concurrence.

EDWARD R. KORMAN, District Judge:

Union Carbide Corporation (“UCC”) conducted three research projects at two production plants in Hahnville, Louisiana, during the 1994 and 1995 tax-credit years. The research was conducted on products that were in the process of being manufactured for sale and were in fact sold. Nevertheless, UCC requested a research credit not just for the additional costs of supplies associated with the research. Instead, it requested a research credit for the costs of all the…

2Cases cited11 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. Auer v. RobbinsSupreme Court of the United States · 1997
  4. Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002
  5. Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989

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3Cited by14 opinions

  1. Vincent v. The Money StoreCourt of Appeals for the Second Circuit · 2013
  2. Mitchell v. CommissionerCourt of Appeals for the Tenth Circuit · 2015
  3. Trinity Industries, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 2014
  4. Garcia v. GarlandCourt of Appeals for the Second Circuit · 2023
  5. Nigro v. Mercantile Adjustment Bureau, LLCCourt of Appeals for the Second Circuit · 2014

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