MALLINCKRODT, INC. v. C.I.R.

No. 85-1016.

778 F.2d 402 (1985)

MALLINCKRODT, INC., Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 4, 1985.


Attorney(s) appearing for the Case

Jerome Fink, Washington, D.C., for appellant.

William Whitledge, Tax Div., Washington, D.C., for appellee.

Before ARNOLD, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and FAGG, Circuit Judge.


PER CURIAM.

The question presented, as stated by the Tax Court, is "whether certain non-load bearing gypsum drywall partitions, extending from the floor to the height of a false ceiling, erected or caused to be erected by [taxpayer] at some of its locations, are tangible personal property entitled to the investment tax credit within the meaning of [26 U.S.C. §§ 38, 46, and 48], or ... are structural components of...

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