FREESEN v. C.I.R.

No. 85-2992.

798 F.2d 195 (1986)

O. Robert FREESEN, et al., Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 1986.


Attorney(s) appearing for the Case

Kimball R. Anderson, Winston & Strawn, Chicago, Ill., for petitioners-appellants.

Joan I. Oppenheimer, Dept. of Justice, Washington, D.C., for respondent-appellee.

Before CUMMINGS, Chief Judge, and FLAUM and EASTERBROOK, Circuit Judges.


PER CURIAM.

The Internal Revenue Code allows a tax credit for investment in certain depreciable property. See 26 U.S.C. § 38. The Code also allows deductions for depreciation in excess of the "straight line" amount. See 26 U.S.C. § 168. But a lessor that serves merely as a financier or as a putative purchaser of tax advantage may not take an investment tax credit for the leased property, 26 U.S.C. § 46, and must treat as an item of tax preference the...

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