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APPENDIX
JEAN D. TRUE; H.A. TRUE, JR.; H.A. TRUE, III;
KAREN S. TRUE; DIEMER D. TRUE; SUSAN L. TRUE;
DAVID L. TRUE; MELANIE A. TRUE, PLAINTIFFS-
APPELLANTS v. U.S., DEFENDANT-APPELLEE. U.S. Court of Appeals,
Tenth Circuit, No. 93-8092, Aug. 26, 1994. District Court, 72
AFTR 2d 93-5660, affirmed. Decision for Govt.
MOORE, Circuit Judge:
Order and Judgment
Before MOORE, SETH, and TACHA, Circuit Judges:**
Plaintiffs in these consolidated cases appeal from a summary
judgment motion in favor of the government. They seek an income
tax refund claiming the IRS improperly calculated their
alternative minimum tax. They contend the correct computation
permits them to fully deduct as a business expense interest paid
on income tax deficiencies relating to their various business
entities. According to their treatment of the interest,
plaintiffs owe no alternative minimum tax. Finding no legal
support for that position, we affirm.
H.A. True, Jr.,1 his wife, and three of their children are
owners of numerous ranching and energy-related businesses
operated as partnerships and S corporations. In 1986, the IRS
advised taxpayers to pay disputed tax deficiencies and associated
interest because, after 1986, interest on most tax deficiencies
would not be fully deductible. Accordingly, in 1986, plaintiffs
(the business owners and their spouses) paid, for various
previous tax years, contested taxes and penalty interest relating
"nearly exclusively" to their businesses. On their 1986
** This order and judgment is not binding precedent, except
under the doctrines of law of the case, res judicata, and
collateral estoppel. The court generally disfavors the citation
of orders and judgments; nevertheless, an order and judgment may
be cited under the terms and conditions of the court's General
Order filed November 29, 1993. 151 F.R.D. 470.
1 Mr. True died during the course of this litigation. As
personal representatives of his estate, his wife and the three of
his children involved in this case have been substituted as
parties for Mr. True.
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