Consolidated Freightways, Inc., and Affiliates v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Consolidated Freightways, Inc., and Affiliates

708 F.2d 1385 83-1 USTC P 9420 CONSOLIDATED FREIGHTWAYS, INC., and Affiliates, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant, v. CONSOLIDATED FREIGHTWAYS, INC., and Affiliates, Petitioners-Appellees. Nos. 82-7366, 82-7426. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 18, 1983. Decided June 17, 1983. James E. Merritt, Washington, D.C., for Consolidated Freightways. William A. Whitledge, Washington, D.C., for C.I.R. On Appeal from a Decision of the United States Tax Court. Before CHOY and SNEED, Circuit Judges, and RAFEEDIE * , District Judge. SNEED, Circuit Judge: 1 This case involves two principal issues. The first is whether appellant Consolidated Freightways' truck loading docks qualify for an investment tax credit. Related to that issue is whether the lighting fixtures and overhead doors in the loading docks are structural components, and therefore ineligible for the investment tax credit. The second principal issue is whether certain deposits with a surety are deductible under section 461(f) of the Internal Revenue Code of 1954. 2 The Tax Court held the…