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MAID-RITE STEAK CO., INC. v. UNITED STATES

Civ. No. 83-0660.

643 F.Supp. 1162 (1986)

MAID-RITE STEAK COMPANY, INC. and Donald Bernstein and Elaine Bernstein, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, Middle Dist. Pa., Third Circuit Div.

March 28, 1986.

Attorney(s) appearing for the Case

Morey M. Myers, Gelb, Myers, Bishop & Warren, Thomas I. Vanaskie, Scranton, Pa., for plaintiffs.

Barbara Kosik, Asst. U.S. Atty., U.S. Atty.'s Office, Scranton, Pa., Stephen Carlton, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM AND ORDER

NEALON, Chief Judge.

Plaintiffs filed this action pursuant to 28 U.S.C. § 1346 on May 17, 1983 for recovery of income taxes erroneously assessed and collected. The precise issue presented is whether the plaintiff-taxpayers, having erroneously claimed an investment tax credit as non-corporate lessors may "passthrough" that tax credit to their corporation-lessee. On April 12, 1985 the defendant filed a Motion for Summary Judgment...

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