A.O. SMITH CORP. v. UNITED STATES

No. 82-1669.

691 F.2d 1220 (1982)

A.O. SMITH CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 25, 1982.


Attorney(s) appearing for the Case

G. W. Haight, Milwaukee, Wis., for plaintiff-appellant.

John P. Griffin, Asst. Atty. Gen., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before WOOD and POSNER, Circuit Judges, and DUMBAULD, Senior District Judge.


POSNER, Circuit Judge.

A. O. Smith Corporation appeals from an adverse judgment in a suit for refund of federal income taxes. Its appeal brings up to us the question whether the additional income tax due as a result of a recapture of investment tax credits pursuant to section 47 of the Internal Revenue Code must be paid on an estimated basis.

The Code allows a 7 percent investment tax credit to be taken in the year in which the investment is made. 26 U.S.C...

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