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TRANSAMERICA CORP. v. U.S.

No. 90-16674.

999 F.2d 1362 (1993)

TRANSAMERICA CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn February 5, 1992.

Resubmitted February 26, 1993.

Decided July 7, 1993.

Attorney(s) appearing for the Case

Cameron W. Wolfe, Jr., Orrick, Herrington & Sutcliffe, San Francisco, CA, for plaintiff-appellant.

Kenneth W. Rosenberg, Tax Division, U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Before: HUG, HALL, and O'SCANNLAIN, Circuit Judges.

HUG, Circuit Judge:

This is an appeal by Transamerica from a judgment disallowing a refund of income taxes attributable to its former subsidiary, United Artists Corporation ("UA"), for the production of films that it acquired and distributed for exhibition. The Internal Revenue Service ("IRS") assessed income tax deficiencies for depreciation disallowed for the years 1971, 1972, and 1973. Transamerica paid the additional tax and sued for a refund. The sole issue on...

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