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PROVIDENCE JOURNAL CO. v. BRODERICK

No. 3429.

104 F.2d 614 (1939)

PROVIDENCE JOURNAL CO. v. BRODERICK, Collector of Internal Revenue.

Circuit Court of Appeals, First Circuit.

June 13, 1939.

Attorney(s) appearing for the Case

Harold B. Tanner, of Providence, R. I. (Tillinghast, Collins & Tanner, of Providence, R. I., on the brief), for appellant.

John R. Gage, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key, J. Louis Monarch, and Lester L. Gibson, Sp. Assts. to Atty. Gen., and J. Howard McGrath, U. S. Atty., and George F. Troy, Asst. U. S. Atty., both of Providence, R. I., on the brief), for appellee.

Before WILSON, Circuit Judge, and PETERS and SWEENEY, District Judges.

PETERS, District Judge.

The Providence Journal Company, plaintiff, appellant, brought a suit against the defendant, appellee, as Collector of Internal Revenue, to recover some nine thousand dollars assessed as a deficiency in the plaintiff's income tax payment for the year 1933. The assessment resulted from the Commissioner's refusal to permit the plaintiff to take as a loss the undepreciated value of certain buildings it voluntarily demolished in 1933. Judgment for...

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