UNITED STATES v. ST. LOUIS-S. F. RY. CO.

No. 75-1734.

537 F.2d 312 (1976)

UNITED STATES of America, Appellee, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Missouri Railroad Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 25, 1976.


Attorney(s) appearing for the Case

Robert T. Molloy, Vienna, Va., for appellant; Richard M. Johnson, Vienna, Va., and George E. Bailey, St. Louis, Mo., on brief.

George G. Wolf, Tax Div., Dept. of Justice, Washington, D.C., for appellee; Donald J. Stohr (former U.S. Atty.), Barry A. Short, U.S. Atty., effective May 15, 1976, Myron C. Baum, Acting Asst. Atty. Gen., Gilbert E. Andrews, Jonathan S. Cohen, Attys., Tax Div., Dept. of Justice, Washington, D.C., on brief.

Before LAY, ROSS and STEPHENSON, Circuit Judges.


LAY, Circuit Judge.

The United States commenced this litigation to recover a refund of federal income taxes allegedly paid in error to the taxpayer, the St. Louis-San Francisco Railway Company (the Frisco), for the year 1965. The taxpayer counterclaimed for refunds of taxes paid in 1963, 1964 and 1965. The fundamental issue concerns the proper method of accounting for depreciation of the Frisco's railroad track under Int.Rev.Code of 1954, § 167.

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