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PROCTER & GAMBLE CO. v. U.S.

No. 1:05-cv-00355.

570 F.Supp.2d 972 (2008)

The PROCTER & GAMBLE COMPANY, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. Ohio, Western Division.

June 23, 2008.

Attorney(s) appearing for the Case

Daniel H. Schlueter, Sutherland, Asbill & Brennan LLP, Atlanta, GA, Mariana T. Acevedo, Victoria A. O'Connor, Kent L. Jones, Sutherland, Asbill & Brennan LLP, Washington, DC, Mark Alan Vanderlaan, Dinsmore & Shohl, Cincinnati, OH, for Plaintiffs.

Glenn J. Melcher, Barry Reiferson, Brian Richard Harris, James O'Leary, Nathaniel J. Dorfman, U.S. Department of Justice, Washington, DC, for Defendant.

OPINION AND ORDER

MICHAEL H. WATSON, District Judge.

Plaintiffs in this action, Procter & Gamble Company ("P & G") and Proctor & Gamble FSC ("P & G FSC")(collectively, "plaintiffs"), seek a refund of taxes paid pursuant to assessments by the government. One of the assessments concerned the FSC Advance Payment Transaction. At the administrative level, the government defended the assessment on the ground that plaintiffs' calculation...

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