DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
021532P.pdf 06/13/2003 Roger O'Shaughnessy v. CIR
U.S. Court of Appeals Case No: 02-1532
and No: 02-1603
District of Minnesota
Civil case - Federal Tax. Taxpayer was entitled to depreciate the molten
tin used in flat glass manufacturing process under the provisions of
26 U.S.C. Sec. 167, as the tin underwent exhaustion, wear and tear within
the meaning of the provision; because the tin was initially qualified as
depreciable capital property, and because the property was placed in service
after December 31, 1996, taxpayer appropriately depreciated the tin by
claiming a MACRS deduction under 26 U.S.C. Sec. 168; district court erred
in holding the IRS's reallocation of certain plant assets from one asset
category to another for purposes of MACRS depreciation constituted a
change in accounting methods under 26 U.S.C. Sec. 446(e).