SOUTHWEST TEXAS ELEC. CO-OP., INC. v. C.I.R.

No. 94-41125.

67 F.3d 87 (1995)

SOUTHWEST TEXAS ELECTRICAL COOPERATIVE, INC., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 19, 1995.


Attorney(s) appearing for the Case

William N. Baker, Baker, Brown, Thompson Law Offices, P.C., Lubbock, TX, for appellant.

David L. Jordan, Acting Chief Counsel, IRS, Washington, DC, Loretta Argrett, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, DC, Edward T. Perelmuter, Bruce R. Ellisen, Gary R. Allen, Chief, Mary Frances Clark, App. Sec. Tx. Div. Dept. of Justice, Washington, DC, for appellee.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Southwest Texas Electrical Cooperative, Inc. ("petitioner"), received a low-interest federal loan to finance an improvement of its facilities. At the time of construction, petitioner needed and withdrew only one-half of the approved loan amount; it later withdrew the remainder, however, and invested it in Treasury Notes. The Tax Court found that interest income from the Treasury Notes is debt...

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