Foley Is Co-Counsel in U.S. Supreme Court Tax Victory for Canadian National Railway
June 21, 2018
Foley & Lardner LLP was co-counsel in a Supreme Court tax victory on June 21 for U.S. subsidiaries of Canadian National Railway. The Supreme Court ruled in a 5-4 decision that three of CN’s U.S. railroad subsidiaries, and their employees, are entitled to refunds of Railroad Retirement Tax on CN stock distributed to employees when they exercised stock options. Railroad Retirement Tax is the rail industry equivalent of Social Security Tax paid by most employees. Railroad Retirement Tax is imposed only on “money remuneration,” and the Court ruled that CN stock is not “money” for this purpose. The case had made its way starting in 2011 through IRS administrative proceedings and then court litigation, culminating in CN’s Supreme Court win. The CN companies, together with their employees, will receive tax refunds of over $13 million plus interest, representing tax on the CN shares over a period of eight years.
The Canadian National companies were represented in the Supreme Court by Foley & Lardner LLP partners Dick Riley, David Ralston and Bill McKenna and senior counsel Jon Garlough, and Gibson Dunn & Crutcher LLP partner Tom Dupree (argued) and associate Rajiv Mohan. Because of the Supreme Court win on June 21, these lawyers were recognized as “Legal Lions” for the week by the widely read Law360 legal news website.
The case is Wisconsin Central Ltd. v. United States, Supreme Court No. 17-530. Click here for the decision on the Supreme Court website.
The Canadian National companies were represented in the Supreme Court by Foley & Lardner LLP partners Dick Riley, David Ralston and Bill McKenna and senior counsel Jon Garlough, and Gibson Dunn & Crutcher LLP partner Tom Dupree (argued) and associate Rajiv Mohan. Because of the Supreme Court win on June 21, these lawyers were recognized as “Legal Lions” for the week by the widely read Law360 legal news website.
The case is Wisconsin Central Ltd. v. United States, Supreme Court No. 17-530. Click here for the decision on the Supreme Court website.
People
Related News
February 2, 2026
Press Releases
Foley Names 18 New Partners
Foley & Lardner LLP promoted 18 lawyers to the firm’s equity partnership, effective February 1, 2026.
January 28, 2026
Press Releases
Foley Report Reveals Growth in Data Center Industry Faces New Strategic Challenges as Markets Tighten
Foley & Lardner LLP released today its 2026 Data Center Development Report looking at the artificial intelligence (AI) boom that is propping up much of the U.S. economy and the sustainability of data center development fueling it, including critical challenges and opportunities to come. The report breaks out specific findings by stakeholder groups — including financiers and investors, developers, providers, operators, and tenants and hyperscalers — and delves into important data center development issues, from supply chain breakdowns and colocation strategies to financing snags, concerns about AI’s potential profitability, and more.
January 22, 2026
Press Releases
Foley Health Care & Life Sciences Trends Report Highlights Need for Innovation in Shifting Environment
Foley & Lardner LLP today unveiled its fifth annual Health Care & Life Sciences Top Trends report highlighting where market, policy, and enforcement dynamics intersect — and where industry leaders will need clear strategy and proactive governance.