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ILLINOIS CEREAL MILLS, INC. v. C.I.R.

No. 85-1485.

789 F.2d 1234 (1986)

ILLINOIS CEREAL MILLS, INC., Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 28, 1986.

Attorney(s) appearing for the Case

William A. Whitledge, Dept. of Justice, Tax Div., Washington, D.C., for Commissioner.

David J. Duez, McDermott, Will & Emery, Springfield, Ill., for ICM.

Before BAUER, WOOD and ESCHBACH, Circuit Judges.

BAUER, Circuit Judge.

This is an appeal by the Commissioner of Internal Revenue from a decision of the United States Tax Court. The Commissioner argues the Tax Court erred in holding that ninety-five percent of the cost of Illinois Cereal Mill's factory electrical system qualified for the investment tax credit. We affirm.

I.

Illinois Cereal Mills ("ICM") conducts a corn milling business in Paris, Illinois. In 1976, ICM completed construction of a...

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