Minot Federal Savings & Loan Assn. v. United States

MEHAFFY, Circuit Judge.

This appeal is from a judgment in favor of the taxpayer awarding a refund of federal income taxes paid erroneously in the amount of $2943.50 plus interest for the calendar year 1963. Taxpayer contended that the movable partitions to be used in an office building, for which it expended the sum of $84,100.00 in 1963, are “tangible, personal property” and not a “structural component” of a building and thus subject to investment credit under the provisions of the Internal Revenue Code of 1954 as amended. The district court, The Honorable George Register, held that…