Consent Order and Judgment Granted in Corporation’s Refund Suit

AVX Corporation,
Plaintiff,
v.
United States of America,
Defendant.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION

CONSENT JUDGMENT AND ORDER

Plaintiff AVX Corporation (“AVX”) brought this action pursuant to 26 U.S.C. § 7422 seeking a refund of monies seized by the Defendant, United States of America, to satisfy penalties improperly assessed against AVX by the Internal Revenue Service (“IRS”). (ECF No. 1). Pursuant to their joint motion for entry of a consent judgment, the parties have agreed to resolve all matters in controversy in this action and consent to entry of a Judgment and Order by this court in accordance therewith. (ECF No. 15).

Accordingly, the court finds that AVX overpaid the penalties assessed against it and collected by the IRS pursuant to 26 U.S.C. § 6038B in the amount of $300,000. The court therefore GRANTS the parties' joint motion for entry of a consent judgment, (ECF No. 15), and ORDERS that judgment be entered in favor of AVX against the United States for $300,000, plus interest. It is further ORDERED that all other claims asserted in the Complaint are DISMISSED with prejudice.

IT IS SO ORDERED.

Timothy M. Cain
United States District Judge

June 19, 2020
Anderson, South Carolina