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CENTRAL KANSAS T. CO. v. COM'R OF INTERNAL REVENUE

No. 2839.

141 F.2d 213 (1944)

CENTRAL KANSAS TELEPHONE CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied April 17, 1944.

Attorney(s) appearing for the Case

M. F. Cosgrove, of Topeka, Kans., for petitioner.

Helen Goodner, Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, and J. Louis Monarch, Sp. Assts. to the Atty. Gen., on the brief), for respondent.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

This is a petition to review a decision of the Tax Court of the United States.

The question presented is whether depreciable assets acquired by the Central Kansas Telephone Company, Inc.,1 were acquired in a nontaxable reorganization as defined by § 112(g) (1) of the Revenue Act of 1936, as amended, or in a nontaxable exchange as defined in § 112(b) (5), of such Act as amended,

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