Nextera Energy, Inc. v. United States, No. 17-12304 (11th Cir. 2018)
Annotate this CaseThe Eleventh Circuit affirmed the district court's grant of summary judgment for the United States and the district court's denial of NextEra's claims seeking a tax refund for net operating losses resulting from fees it paid to the Nuclear Waste Fund for the disposal of nuclear waste. The court held that NextEra was not entitled to a refund under 26 U.S.C. 172(f), because it could not show that its payment of fees under the Nuclear Waste Policy Act of 1982 was for an act that qualified as nuclear decommissioning, was done pursuant to a law that required nuclear decommissioning, and that the act occurred more than three years prior to the claimed loss.
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