Guardian Industries recieved judgement from a federal court over tax paid by a foreign subsidiary. The Federal Circuit affirmed a summary judgment of the US Court of Federal Claims that Guardian Indus…
Guardian Industries recieved judgement from a federal court over tax paid by a foreign subsidiary. The Federal Circuit affirmed a summary judgment of the US Court of Federal Claims that Guardian Industries was entitled to a refund of foreign taxes it paid on behalf of a Luxembourg subsidiary. The court held that, based on the relevant regulations and Luxembourg law, the appellee was the party liable for the foreign tax paid and that the trial court correctly held that the government was obliged to pay the refund. Judge Timothy Dyk was joined in the opinion by Judges Richard Linn and Kimberly Moore.