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DRIGGS v. U.S.

Civ. A. No. CA3-86-0323-D.

706 F.Supp. 20 (1989)

Guy K. DRIGGS and Maxine Driggs, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Texas, Dallas Division.

February 23, 1989.

Attorney(s) appearing for the Case

G. Tomas Rhodus and Brett B. Flagg of Brice & Mankoff, Dallas, Tex., for plaintiffs.

Joseph A. Pitzinger, III and Christopher S. Cole, Tax Div., Dept. of Justice, Dallas, Tex., for defendant.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

In this income tax refund suit the court is asked to decide a question of apparent first impression: whether 26 U.S.C. § 174 imposes a reasonableness limitation on deductible research and experimentation ("R & E") expenses. Finding no such limitation, the court denies defendant's motion for judgment notwithstanding the verdict or, alternatively, to amend the judgment.*

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