1. Home
  2. Browse Decisions
  3. F.3d
  4. 140 F.3d
  5. 140 F.3d 240 (1998)
 

NORFOLK SOUTHERN CORP. v. C.I.R.

No. 97-1662.

140 F.3d 240 (1998)

NORFOLK SOUTHERN CORPORATION, and affiliated companies; Norfolk & Western Railway Company, and affiliated companies, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Tax Foundation; Institute of International Container Lessors, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 20, 1998.

Attorney(s) appearing for the Case

ARGUED: Frederick Alexander Richman, O'Melveny & Myers, L.L.P., New York City, for Appellants. Teresa Ellen McLaughlin, Tax Division, U.S. Dept. of Justice, Washington, DC, for Appellee. ON BRIEF: Andrew J. Frackman, Joseph G. Giannola, O'Melveny & Myers, L.L.P., New York City; Newman T. Halvorson, Jr., Sean F. Foley, Covington & Burling, Washington, DC, for Appellants. Loretta C. Argrett, Asst. Atty. Gen., Sally J. Schornstheimer, Tax Div., U.S. Dept. of Justice, Washington, DC, for Appellee. Brian S. Harvey, Baker & Hostetler, L.L.P., Washington, DC, for Amicus Curiae Tax Foundation. Kenneth Klein, Daniel J. Mulcahy, Cadwalader, Wickersham & Taft, Washington, DC, for Amicus Curiae Institute.

Before NIEMEYER, Circuit Judge, WILSON, Chief United States District Judge for the Western District of Virginia, sitting by designation, and JONES, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILSON and Judge JONES joined.

OPINION

NIEMEYER, Circuit Judge:

Section 48(a)(2)(B)(v) of the Internal Revenue Code (1962) provides for an investment tax credit for cargo containers "used in the transportation of property to and from the United States." The taxpayers argue that the phrase "used in the transportation of property to and from the United States" includes...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases