Denver & Rio Grande Western Railroad v. United States

Plaintiff, Denver and Rio Grande Western Railroad company, brings this action to recover federal income taxes paid by it for the taxable years 1964 and 1965. We have jurisdiction pursuant to 28 U.S.C. §§ 1346(a) (1) and 1491.

Our decision is limited to the issues raised by the defendant’s motion for partial summary judgment and the plaintiff’s opposition thereto — namely, whether the amount of investment credit and depreciation deductions taken by the Railroad for the Cane Creek Branch for the taxable years in question was excessive. Both parties agree that the answer to this question depends…