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TWINBORO CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

No. 45.

149 F.2d 574 (1945)

TWINBORO CORPORATION v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

May 7, 1945.

Attorney(s) appearing for the Case

George G. Tyler and Cravath, Swaine & Moore, all of New York City (Wm. Dwight Whitney, Roswell Magill, and William R. White, all of New York City, of counsel), for petitioner.

Hilbert P. Zarky, of Washington, D. C., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Robert N. Anderson, Sp. Assts. to Atty. Gen., for respondent.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This case presents only one point in addition to those which we discussed in Winter Realty & Construction Co. v. Commissioner of Internal Revenue, 2 Cir., 149 F.2d 567, handed down herewith. It is this: Whether an owner whose property has been condemned may buy "similar property" in anticipatory replacement of the award, pay for it out of his own funds, recoup himself later out of the award when he gets...

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