United States First Circuit

Section 204(a)(3) of the Tax Reform Act of 1986 allows an investment tax credit for otherwise qualified property if that property "is readily identifiable with and necessary to carry out a written supply or service contract" so specifications and amount of the property must be readily ascertainable from the terms of the contract.

Appellate Information

• Decided 12/21/2000
• Published 12/21/2000

Judges

• TORRUELLA, Chief Judge., Before TORRUELLA, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas J. Sawyer, Attorney, Tax Division, with whom Paul M. Junghans, Acting Assistant Attorney General, Donald K. Stern, United States Attorney, and Bruce R. Ellisen, Attorney, Tax Division, were on brief, for appellant.


• For Appellees:
  
• Richard P. Swanson, with whom Teena H. Kim, Thelen Reid & Priest, LLP, and Michael K. Callahan, were on brief, for appellee.