5th Circ. Flips BNSF Railway Tax Refund Ruling

Law360, New York (March 14, 2014, 3:50 PM EDT) -- The Fifth Circuit ruled Thursday that BNSF Railway Co. can't receive refunds for taxes it paid on certain employee stock options because the options qualify as compensation, but said a tax refund claim for employee moving expenses that the company funded needs further deliberation.

The circuit court's ruling overturns a district court ruling that granted BNSF summary judgment on all of its refund claims. The lower court said the stock options didn't qualify as taxable compensation under a withholding act and said the company properly excluded...
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