United States v. Wyoming Builders, Inc.

Tenth Circuit

United States v. Wyoming Builders, Inc.

358 F.2d 672, 17 A.F.T.R.2d (RIA) 840, 1966 U.S. App. LEXIS 6618

CourtCourt of Appeals for the Tenth Circuit

DecidedApril 5, 1966

Docket7861

StatusPublished

This text of 358 F.2d 672 (United States v. Wyoming Builders, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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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United States v. Wyoming Builders, Inc., 358 F.2d 672, 17 A.F.T.R.2d (RIA) 840, 1966 U.S. App. LEXIS 6618 (10th Cir. 1966).

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Opinion

PER CURIAM.

This is an action by Wyoming Builders, Inc., filed in the District Court for the District of Wyoming pursuant to 28 U.S. C. § 1346(a)(1), to recover federal income taxes paid for the taxpayer’s fiscal year ending October 31, 1958. The issue is whether such taxes were compelled and paid through an assessment erroneously disallowing a depreciation deduction claimed by taxpayer for the tax year in which an asset was sold for a price greater than its adjusted cost basis at the beginning of such year. Judgment below was for the taxpayer. 227 F.Supp. 534.

The government concedes that the issue presented upon appeal is the same as that considered by the Supreme Court in Fribourg Navigation Company, Inc. v. Commissioner of Internal Revenue, 86 S.Ct. 862, decided March 7, 1966, and wherein that Court rejected the Commissioner’s contentions as here presented by appellant.

The judgment is accordingly affirmed upon authority of Fribourg.

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PER CURIAM.

This is an action by Wyoming Builders, Inc., filed in the District Court for the District of Wyoming pursuant to 28 U.S. C. § 1346(a)(1), to recover federal income taxes paid for the taxpayer’s fiscal year ending October 31, 1958. The issue is whether such taxes were compelled and paid through an assessment erroneously disallowing a depreciation deduction claimed by taxpayer for the tax year in which an asset was sold for a price greater than its adjusted cost basis at the beginning of such year. Judgment below was for the taxpayer. 227 F.Supp. 534.

The government concedes that the issue presented upon appeal is the same as that considered by the Supreme Court in Fribourg Navigation Company, Inc. v. Commissioner of Internal Revenue, 86 S.Ct. 862, decided March 7, 1966, and wherein that Court rejected the Commissioner’s contentions as here presented by appellant.

The judgment is accordingly affirmed upon authority of Fribourg.

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358 F.2d 672, 17 A.F.T.R.2d (RIA) 840, 1966 U.S. App. LEXIS 6618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wyoming-builders-inc-ca10-1966.

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