Legal Opinion

Diebold, Inc. v. United States

United States Court of Claims

Decided January 18, 1989No. 374-83TPublishedCited by 22 opinions

1Opinion of the Court

OPINION

RADER, Judge.

In this tax refund action, the plaintiff, Diebold, Inc. (Diebold), seeks a refund of federal income taxes in the amounts of $454,261 for taxable year 1976 and $350,-509 for taxable year 1977. The plaintiff claims that, in those years, it was entitled to both a deduction for depreciation and an investment tax credit on replacement parts for automatic electronic banking units. The plaintiff maintained these parts in a service pool and only placed them in service when necessary to replace a defective part in a customer’s automatic banking unit. From 1976 through 1979, the…

2Cases cited63 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  4. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  5. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947

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

3Cited by22 opinions

  1. FPL Group, Inc. v. CommissionerUnited States Tax Court · 2000
  2. Sara Lee Corp. & Subsidiaries v. United StatesUnited States Court of Federal Claims · 1993
  3. Diebold, Incorporated v. The United StatesCourt of Appeals for the Federal Circuit · 1990
  4. Huffman v. Comm'rUnited States Tax Court · 2006
  5. Estate of Akin v. United StatesUnited States Court of Federal Claims · 1994

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