The legal question is whether the company was required to pay the taxes under the Federal Insurance Contributions Act, which helps finance federal retirement and healthcare benefits.
Both a federal judge and an appeals court said the company was not required to pay the taxes because it was ceasing operations. Therefore the payments were categorized as supplemental unemployment benefits, which are not taxable.
The appeals court, the 6th U.S. Circuit Court of Appeals, ruled that both Quality Stores Inc and former employees who took part in the suit could claim a refund.
The Obama administration said in court papers that there are more than 2,400 administrative refund claims currently pending that raise the same issue.
Justice Elena Kagan will not participate in the case, most likely because she may have had some involvement in the litigation when she served as solicitor general in the Obama administration.
Oral arguments and a decision are due in the court's coming term, which starts on Oct. 7 and ends in June.
The case is United States v. Quality Stores Inc. (Reporting by Lawrence Hurley; Editing by Howard Goller and Alden Bentley)
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