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CHARTER CO. v. U.S.

No. 91-3907.

971 F.2d 1576 (1992)

The CHARTER COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 15, 1992.

Attorney(s) appearing for the Case

Waddell A. Wallace, III, Jacksonville, Fla., for plaintiff-appellant.

Ralph J. Lee, Asst. U.S. Atty., Jacksonville, Fla., Gary R. Allen, Tax Div., Dept. of Justice, Teresa Milton, Michael Paup, Jonathan S. Cohen, Washington, D.C., for defendant-appellee.

Before BIRCH, Circuit Judge, JOHNSON, and BOWNES, Senior Circuit Judges.

BIRCH, Circuit Judge:

This tax case involves a dispute between appellant, the Charter Company ("Charter"), and the United States over Charter's tax liability for 1971 and 1972. After trial, the district court awarded Charter a refund for overpayment of taxes but held that the government could offset that refund because Charter's 1971-1972 depreciation deductions had been impermissibly large. On this appeal, Charter raises two issues. First, Charter contends that the...

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