Orville L. Lesher and Carol Lesher v. Commissioner of Internal Revenue

Eighth Circuit

Orville L. Lesher and Carol Lesher v. Commissioner of Internal Revenue

638 F.2d 64, 47 A.F.T.R.2d (RIA) 631, 1981 U.S. App. LEXIS 20801

CourtCourt of Appeals for the Eighth Circuit

DecidedJanuary 22, 1981

Docket80-1467

StatusPublished

Cited by10 cases

This text of 638 F.2d 64 (Orville L. Lesher and Carol Lesher v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Orville L. Lesher and Carol Lesher v. Commissioner of Internal Revenue, 638 F.2d 64, 47 A.F.T.R.2d (RIA) 631, 1981 U.S. App. LEXIS 20801 (8th Cir. 1981).

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Opinion

PER CURIAM.

This action arose out of the Commissioner’s disallowance of an investment credit of $554.58 which taxpayers claimed on their 1974 income tax return for their investment in a cattlefeeding structure. The Tax Court rejected taxpayers’ claim that the structure was eligible for the investment tax credit because it was a bulk storage facility under section 48(a)(l)(B)(iii) of the Code, but found in favor of taxpayers, holding that the structure qualified for the investment tax credit under section 48(a)(1)(D). The Commissioner on appeal alleges error in that the structure in question is not a single purpose agricultural structure under the language of section 48(a)(1)(D).

Upon careful consideration of the briefs of the parties and the record, the court has determined that the factual findings of the Tax Court are not clearly erroneous and its conclusions of law are correct. We affirm pursuant to Rule 14 of the Rules of this court on the basis of the Tax Court’s opinion reported at 73 T.C. 340 (1979), as amended by order of the Tax Court March 5, 1980.

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PER CURIAM.

This action arose out of the Commissioner’s disallowance of an investment credit of $554.58 which taxpayers claimed on their 1974 income tax return for their investment in a cattlefeeding structure. The Tax Court rejected taxpayers’ claim that the structure was eligible for the investment tax credit because it was a bulk storage facility under section 48(a)(l)(B)(iii) of the Code, but found in favor of taxpayers, holding that the structure qualified for the investment tax credit under section 48(a)(1)(D). The Commissioner on appeal alleges error in that the structure in question is not a single purpose agricultural structure under the language of section 48(a)(1)(D).

Upon careful consideration of the briefs of the parties and the record, the court has determined that the factual findings of the Tax Court are not clearly erroneous and its conclusions of law are correct. We affirm pursuant to Rule 14 of the Rules of this court on the basis of the Tax Court’s opinion reported at 73 T.C. 340 (1979), as amended by order of the Tax Court March 5, 1980.

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638 F.2d 64, 47 A.F.T.R.2d (RIA) 631, 1981 U.S. App. LEXIS 20801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orville-l-lesher-and-carol-lesher-v-commissioner-of-internal-revenue-ca8-1981.

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