CENEX, INC. v. U.S.

No. 98-5046.

156 F.3d 1377 (1998)

CENEX, INC., (formerly known as Farmers Union Central Exchange, Inc.,) And Subsidiaries, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 9, 1998.


Attorney(s) appearing for the Case

Steven G. Mahon, Doherty, Rumble & Butler, PA, of St. Paul, MN, argued for plaintiff-appellant. With him on the brief were Sue Ann Nelson and Terrance A. Costello, of Minneapolis, MN.

Gilbert S. Rothenberg, Attorney, Tax Division, U.S. Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Loretta C. Argrett, Assistant Attorney General and Curtis C. Pett, Attorney.

Before MAYER, Chief Judge, RICH and RADER, Circuit Judges.


MAYER, Chief Judge.

Cenex, Inc. appeals the judgment of the United States Court of Federal Claims, No. 92-CV-97, which granted the United States' motion for summary judgment that losses associated with Cenex's investment in Energy Cooperative, Inc. are capital losses and that Cenex's payments to Northern Tier Pipeline Company for shutdown costs were contributions to capital that deserve capital loss treatment. Because the court correctly characterized these losses...

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