MAGNOLIA SURF, INC. v. C. I. R.

No. 80-1137.

636 F.2d 11 (1980)

MAGNOLIA SURF, INC., Petitioner, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 31, 1980.


Attorney(s) appearing for the Case

Gregory C. Demakis, Lynn, Mass., for petitioner, appellant.

George L. Hastings, Jr., Atty., Tax Division, Dept. of Justice, Washington, D. C., with whom M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Robert T. Duffy, and Helen A. Buckley, Attys., Tax Division, Dept. of Justice, Washington, D. C., were on brief, for respondent, appellee.

Before CAMPBELL and BOWNES, Circuit Judges, and KEETON, District Judge.


KEETON, District Judge.

The taxpayer, Magnolia Surf, Inc. ("Magnolia Surf"), appeals from a decision of the United States Tax Court holding that certain personal property of a restaurant business it acquired on April 1, 1971, pursuant to a purchase and sale agreement entered into on February 24, 1971, was not eligible for the investment tax credit established by section 38 for property described by sections 46 through 50 of the Internal Revenue Code of 1954, as those...

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