MERCHANTS REFRIGERATING CO. OF CAL. v. COMMISSIONER

Docket No. 1363-70.

60 T.C. 856 (1973)

MERCHANTS REFRIGERATING COMPANY OF CALIFORNIA, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed September 6, 1973.


Attorney(s) appearing for the Case

Harry Geist, for the petitioner.

Michael A. Menillo and Joseph F. Lynch, for the respondent.


The Commissioner determined a $19,823.50 deficiency in petitioner's 1968 income tax. The only issue for decision is whether a facility used exclusively to store frozen foods was "section 38 property" eligible for the investment credit.

FINDINGS OF FACT

The parties have filed a stipulation of facts which, together with accompanying exhibits, is incorporated herein by this reference.

Petitioner is a wholly owned subsidiary of Merchants Refrigerating...

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