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HUB CITY FOODS INC. v. C.I.R.

No. 88-1848.

884 F.2d 320 (1989)

HUB CITY FOODS, INCORPORATED, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 1989.

Attorney(s) appearing for the Case

Peter J. Lettenberger, Quarles & Brady, Milwaukee, Wis., Cameron W. Wolfe, Ruth L. Robinson, Michael A. Beckius, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for petitioner-appellant.

Gary R. Allen, William S. Rose, Jr., Asst. Atty. Gen., Thomas R. Lamons, Tax Div., Appellate Section, Ann Belanger Durney, Dept. of Justice, Washington, D.C., for respondent-appellee.

Before POSNER, RIPPLE and MANION, Circuit Judges.

RIPPLE, Circuit Judge.

Hub City Foods, Inc. (Hub City) appeals from a decision of the United States Tax Court disallowing a portion of an investment tax credit claimed by Hub City in its 1979 tax return.1 Hub City claimed the investment tax credit under section 38 of the Internal Revenue Code of 1954, 26 U.S.C. § 38,2 based upon the cost of a freezer facility that it built at its Marshfield, Wisconsin...

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