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in a 7-2 decision, the justices affirmed the 9th Circuit’s reversal of a district court’s grant of summary judgment for Boeing Co. in a tax-refund suit. Boeing Co. v. U.S., No. 01-1209. The court held that a Treasury Department regulation governing the allocation of research and development expenses between a company and its foreign sales subsidiary was not invalid. Stevens’ opinion was joined by Rehnquist, O’Connor, Kennedy, Souter, Ginsburg and Breyer. Scalia and Thomas dissented.

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