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163574P.pdf 08/01/2017 Union Pacific Railroad Co. v. United States
U.S. Court of Appeals Case No: 16-3574
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Arnold, Author, with Wollman and Gruender, Circuit Judges]
Civil case - Railroad Retirement Tax Act. In a suit to recover a refund of
$75 million in taxes the railroad paid the federal government from 1991 to
2007 under the Railroad Retirement Act, the district court erred in
rejecting the refund request and granting the government's motion for
summary judgment; the Act unambiguously does not require the payment of
RRTA taxes on remuneration in stock; additionally, ratification payments
made to employees were not subject to the tax because the payments were
not made for services rendered to the railroad. Reversed and remanded for
further proceedings.