MILBREW v. C.I.R.

No. 82-2692.

710 F.2d 1302 (1983)

MILBREW, INC., et al., Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 1983.

Rehearing Denied August 18, 1983.


Attorney(s) appearing for the Case

Gaar W. Steiner, Michael, Best & Griedrich, Milwaukee, Wis., for petitioners-appellants.

Mary L. Fahey, Asst. Atty. Gen., Tax Div. Dept. of Justice, Washington, D.C., for respondent-appellee.

Before CUDAHY, POSNER and COFFEY, Circuit Judges.


POSNER, Circuit Judge.

The principal question in this appeal from a decision of the Tax Court disallowing deductions for depreciation, interest, and payment of rent is whether the Tax Court's finding that the sale of a plant was a sham transaction that should be disregarded for federal income tax purposes was clearly erroneous, the standard applicable to such a finding, Thompson v. Commissioner, 631 F.2d 642, 646 (9th Cir.1980...

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