NORTHWEST ACCEPTANCE CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

No. 73-1879.

500 F.2d 1222 (1974)

NORTHWEST ACCEPTANCE CORPORATION, Petitioner-Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

July 24, 1974.


Attorney(s) appearing for the Case

Richard Farber (argued), Atty. for Tax Div., U. S. Dept. of Justice, Washington, D. C., for respondent-appellant.

Frederick H. Torp (argued), Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for petitioner-appellee.

Before MERRILL and TRASK, Circuit Judges and SOLOMON, District Judge.


OPINION

PER CURIAM:

In this appeal from a decision of the Tax Court reported at 58 T.C. 836 the issue is whether certain contractual agreements entered into by the taxpayer with others for the use of equipment, constituted conditional sales contracts or leases.

If the transactions were bona fide leases and the taxpayer remained the owner of the equipment, then it was entitled to a deduction for depreciation, Int.Rev...

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