LESHER v. C. I. R.

No. 80-1467.

638 F.2d 64 (1981)

Orville L. LESHER and Carol Lesher, Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1981.


Attorney(s) appearing for the Case

M. Carr Ferguson, Asst. Atty. Gen., Michael L. Paup and David English Carmack, Attys., Tax Division, Dept. of Justice, Washington, D. C., for appellant.

George Wright, Eagle Grove, Iowa, for appellees.

Before ROSS, HENLEY and McMILLIAN, Circuit Judges.


PER CURIAM.

This action arose out of the Commissioner's disallowance of an investment credit of $554.58 which taxpayers claimed on their 1974 income tax return for their investment in a cattlefeeding structure. The Tax Court rejected taxpayers' claim that the structure was eligible for the investment tax credit because it was a bulk storage facility under section 48(a)(1)(B)(iii) of the Code, but found in favor of taxpayers, holding that the structure qualified for...

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