INTERNATIONAL BUSINESS MACHINES CORP. v. U.S.

No. 94-5164.

59 F.3d 1234 (1995)

INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 10, 1995.


Attorney(s) appearing for the Case

James R. Atwood, Covington & Burling, Washington, DC, argued for plaintiff-appellee. With him on the brief was Andrew W. Singer.

Ernest J. Brown, Attorney, Tax Div., Dept. of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Loretta C. Argrett, Asst. Atty. Gen., and Gary R. Allen.

Before ARCHER, Chief Judge, PLAGER and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

This tax case raises a question concerning the constitutionality of a federal statute. The government, as appellant, acknowledges that a 1915 Supreme Court decision is directly on point and that, if the decision is still good law, the statute at issue must be held unconstitutional as applied. The government argues, however, that the 1915 decision has been undermined by subsequent Supreme Court authority, and it asks us to regard that case as...

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