Legal Opinion

Oklahoma Gas and Electric Company v. United States

Court of Appeals for the Tenth Circuit

Decided August 18, 1972No. 71-1742PublishedCited by 7 opinions

1Opinion of the Court

SETH, Circuit Judge.

Oklahoma Gas & Electric Company (taxpayer) brought this action for mitigation under 26 U.S.C. §§ 1311-1315 to treat as fully deductible business expenses expenditures for sales and use taxes which were capitalized rather than deducted.

Taxpayer was required by the Federal Power Commission System of Accounts to capitalize sales and use taxes paid on materials used in its construction projects. Not only did taxpayer so capitalize these expenditures on its books, but it also treated the taxes as capital expenditures for federal income tax purposes. In 1957, taxpayer changed…

2Cases cited7 opinions

  1. Old Colony Railroad v. CommissionerSupreme Court of the United States · 1932
  2. Ft. Howard Paper Co. v. CommissionerUnited States Tax Court · 1967
  3. Mountain Fuel Supply Company v. United StatesCourt of Appeals for the Tenth Circuit · 1971
  4. The Cincinnati, New Orleans and Texas Pacific Railway Company v. The United StatesUnited States Court of Claims · 1970
  5. G-B, Inc. v. United StatesDistrict Court, D. Colorado · 1969

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Matthew M. Devich and Irma M. Devich v. United StatesCourt of Appeals for the Tenth Circuit · 1994
  2. M. Elizabeth Gardiner v. United StatesCourt of Appeals for the Tenth Circuit · 1976
  3. Monfort of Colorado, Inc., Successor in Interest to Monfort Feed Lots, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1977
  4. Engelken v. United StatesDistrict Court, D. Colorado · 1993
  5. Milburn v. United StatesDistrict Court, W.D. Texas · 1996

2 more not listed; retrieve them via the Exa API.

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