Legal Opinion

A. C. Monk & Company, Inc. v. The United States of America, A. C. Monk & Company, Inc. v. The United States of America

Court of Appeals for the Fourth Circuit

Decided August 27, 1982No. 81-1986, 81-2037PublishedCited by 30 opinions

1Opinion of the Court

JAMES DICKSON PHILLIPS, Circuit Judge:

The Internal Revenue Code allows an investment tax credit for tangible property used as an integral part of manufacturing or used for the bulk storage of fungible commodities, but specifically excludes “a building and its structural components” from the tax credit. I.R.C. § 48(a)(1)(B). The issues in this case require us to determine whether various parts of a tobacco processing plant of the taxpayer A.C. Monk & Company (Monk or taxpayer) are properly to be considered buildings or their structural components (giving Monk no tax credit); or, alternatively,…

2Cases cited11 opinions

  1. Catron v. CommissionerUnited States Tax Court · 1968
  2. Minot Federal Savings & Loan Assn. v. United StatesCourt of Appeals for the Eighth Circuit · 1970
  3. Brown-Forman Distillers Corp. v. United StatesUnited States Court of Claims · 1974
  4. Scott Paper Co. v. CommissionerUnited States Tax Court · 1980
  5. Yellow Freight System, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1976

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

3Cited by30 opinions

  1. Piggly Wiggly Southern, Inc., Southern Graphic Art and Georgia Sales Company v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1986
  2. Illinois Cereal Mills, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1986
  3. Hospital Corp. of Am. v. CommissionerUnited States Tax Court · 1997
  4. Munford, Inc. v. CommissionerUnited States Tax Court · 1986
  5. Morrison, Incorporated, Cross-Appellants v. Commissioner of Internal Revenue, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1990

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

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