Bradley attorney Bruce Ely was featured in Bloomberg Law discussing a recent BNSF Railway Company case. The City of Birmingham, Alabama was ordered to pay BNSF Railway Company more than $2.2 million in tax and interest after a state court judge found the city levied an invalid sales and use tax on diesel fuel against the freight rail carrier.
Ely, who represented the diesel fuel vendor, W.C. Rice Oil Company, said in an email the ruling wasn’t surprising given the precedent established by the Eleventh Circuit. Ely expects Birmingham to appeal “as it almost invariably does when it receives an adverse tax ruling,” particularly in light of “the prospect of paying out large refund claims – with interest.”
The original article, “Railway Wins $2.2 Million Refund on Diesel Tax Deemed Invalid,” appeared in Bloomberg Law on December 1, 2021. (login required)