Koch Industries, Inc. v. United States
Court of Appeals for the Tenth Circuit
1Opinion of the Court
MURPHY, Circuit Judge.
I. Introduction
The government appeals the district court’s decision that taxpayer-appellee Koch Industries, Inc. was entitled to use the percentage-of-completion method of accounting under 26 U.S.C. § 460 to report $62 million in income received from the State of New Mexico for warranting a State highway would meet certain performance standards over a specified period of time. Exercising jurisdiction under 28 U.S.C. § 1291, this court REVERSES, and REMANDS for entry of judgment in favor of the government because the percentage-of-completion method of accounting applies…
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