Express Scripts’ $42.9 Million Refund Claim Partially Tossed

Express Scripts Inc. lost its bid to include certain line items in its $42.9 million tax refund claim after a federal judge in Missouri said the company based its calculations on facts it hadn’t earlier asserted to the IRS.

Judge Henry Edward Autrey of the US District Court for the Eastern District of Missouri said Monday that the mail-order pharmacy wrongly tried to change the amount of revenue underlying its tax refund claim in the middle of a three-year-old lawsuit. He granted the government’s partial motion to dismiss for lack of jurisdiction.

The suit concerns Express Scripts’ deductions for income ...