MADISON GAS & ELEC. CO. v. C. I. R.

No. 80-1380.

633 F.2d 512 (1980)

MADISON GAS AND ELECTRIC COMPANY, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 27, 1980.


Attorney(s) appearing for the Case

Steven E. Keane, Milwaukee, Wis., for appellant.

Karl Fryzel, Tax Division, Dept. of Justice, Washington, D. C., for appellee.

Before CUMMINGS and WOOD, Circuit Judges, and CAMPBELL, Senior District Judge.


CUMMINGS, Circuit Judge.

This is an action under 26 U.S.C. § 7422 for the refund of federal income taxes. The question is whether certain training and related expenses incurred by a public utility in the expansion of its generating capacity through the joint construction and operation of a nuclear plant with two other utilities are deductible as ordinary and necessary expenses in the years of payment or are non-deductible pre-operating capital expenditures of...

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