Boddie-Noell Enterprises, Inc. v. United States

OPINION

HORN, Judge.

FACTS

This case comes before the court for decision following a five day trial. In its complaint, the plaintiff, Boddie-Noell Enterprises, Inc. (Boddie-Noell), stated that it seeks a refund of federal taxes paid for the taxable years 1978 and 1979, pursuant to 28 U.S.C. § 1491 (1988) and the investment tax credit provisions in the Internal Revenue Code (I.R.C.),1 “particularly sections 362 and 46-48....”

The undisputed basic facts of the ease follow, although additional factual findings of the court on relevant details concerning individual restaurant units will be addressed…