MINOT FEDERAL SAVINGS & LOAN ASSN. v. UNITED STATES

No. 20408.

435 F.2d 1368 (1970)

MINOT FEDERAL SAVINGS & LOAN ASSN., Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

December 28, 1970.


Attorney(s) appearing for the Case

Johnnie M. Walters, Asst. Atty. Gen., Dept. of Justice, Meyer Rothwacks, Grant W. Wiprud and William K. Hogan, Attys., Washington, D. C., and Harold O. Bullis, U. S. Atty., Fargo, N.D., on brief for appellant.

John C. Johanneson and Michael D. Sommerville, St. Paul, Minn., and Robert W. Palda, Minot, N.D., on brief for appellee; Maun, Hazel, Green, Hayes, Simon & Aretz, St. Paul, Minn., Palda, Palda, Peterson, Anderson & Tossett, Minot, N. D., of counsel.

Before MEHAFFY and HEANEY, Circuit Judges, and MEREDITH, District Judge.


MEHAFFY, Circuit Judge.

This appeal is from a judgment in favor of the taxpayer awarding a refund of federal income taxes paid erroneously in the amount of $2943.50 plus interest for the calendar year 1963. Taxpayer contended that the movable partitions to be used in an office building, for which it expended the sum of $84,100.00 in 1963, are "tangible personal property" and not a "structural component" of a building and thus subject to investment credit under the...

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