www.leagle.com -- The district court erred in granting summary judgment in favor of the taxpayer. Instead, summary judgment in favor of the government is appropriate. IV. Conclusion For the foregoing reasons, the court holds that the undisputed facts demonstrate Koch was not entitled to use the percentage-of-completion method of accounting under 26 U.S.C. § 460 to report $62,000,000 in income it received from the State of New Mexico for warranting that SH44 would meet certain performance standards over a specified period of time. Accordingly, this court REVERSES the district court's decision to grant summary judgment in favor of Koch, and REMANDS for entry of summary judgment in favor of the government.
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