George and Sachiko Tamura v. United States of America, Ben Tamura v. United States of America, Ken Tamura v. United States

KILKENNY, Circuit Judge:

The government appeals from the district court’s order granting appellee taxpayers’ summary judgment motion on the ground that appellees’ expenditures on an onion storage shed qualified for an investment tax credit under Internal Revenue Code section 48. We reverse.

Taxpayers are onion farmers who built a 100 x 100 foot concrete-floored steel storage shed in 1973 and 1974. Onions are stored there during the six month period between harvest and sale. The shed has both standard and garage-sized doors, urethane-coated walls and ceilings, and a ventilation system. Forty…