HAYDEN ISLAND, INC. v. UNITED STATES

Civil No. 72-345.

380 F.Supp. 96 (1974)

HAYDEN ISLAND, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Oregon.

July 9, 1974.


Attorney(s) appearing for the Case

Souther, Spaulding, Kinsey, Williamson & Schwabe, Stephen B. Hill, Portland, Or., for plaintiff.

Scott P. Crampton, Asst. Atty. Gen., Stanley F. Krysa, James N. Flaherty, Dept. of Justice, Washington, D.C., Sidney I. Lezak, U.S. Atty., Vinita Jo Neal, Asst. U.S. Atty., Portland, Or., for defendant.


OPINION

SOLOMON, District Judge:

Hayden Island, Inc. (plaintiff) seeks to recover a portion of the corporate income taxes paid under deficiency tax assessments. The assessments were based on a finding by the Commissioner of Internal Revenue (Commissioner) that certain water and sewerage pipes and other facilities were not "section 38 property" within the meaning of 26 U. S.C. § 48(a), and hence not available for investment tax credits.

The issue...

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