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COMMISSIONER v. IDAHO POWER CO.

No. 73-263.

418 U.S. 1 (1974)

94 S.Ct. 2757

41 L.Ed.2d 535

COMMISSIONER OF INTERNAL REVENUE v. IDAHO POWER CO.

Supreme Court of United States.

Decided June 24, 1974.

Attorney(s) appearing for the Case

Keith A. Jones argued the cause for petitioner. With him on the briefs were Solicitor General Bork, Assistant Attorney General Crampton, and Elmer J. Kelsey.

Frank Norton Kern argued the cause for respondent. With him on the brief was Lawrence Chase Wilson.

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

This case presents the sole issue whether, for federal income tax purposes, a taxpayer is entitled to a deduction from gross income, under § 167 (a) of the Internal Revenue Code of 1954, 26 U. S. C. § 167 (a),1 for depreciation on equipment the taxpayer owns and uses in the construction of its own capital facilities, or whether the capitalization provision of § 263...

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