MONFORT OF COLORADO, INC. v. UNITED STATES

No. 76-1388.

561 F.2d 190 (1977)

MONFORT OF COLORADO, INC., successor in interest to Monfort Feed Lots, Inc., Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 8, 1977.


Attorney(s) appearing for the Case

Arthur L. Bailey, Tax Div., U. S. Dept. of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews and Ann B. Durney, Tax Div., U. S. Dept. of Justice, Washington, D. C., on the brief), James L. Treece, U. S. Atty., Denver, Colo., of counsel, for appellant.

Claude M. Maer, Jr., Denver, Colo. (David G. Palmer and Paul T. Ruttum, Denver, Colo., on the brief), of Holland & Hart, Denver, Colo., for appellee.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.


BARRETT, Circuit Judge.

The United States of America (IRS) appeals from an adverse judgment after trial to the court in a tax refund suit initiated by appellee, Monfort of Colorado, Inc. (Monfort), as successor in interest to Monfort Feed Lots, Inc. The relevant facts are not in dispute.

Monfort is a large cattle finisher. It buys cattle from breeders and then fattens them in feedlots. Since 1951 it has consistently utilized the LIFO (last in first out) method...

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