COMMISSIONER OF INTERNAL REVENUE v. GAZETTE TEL. CO.

No. 4722.

209 F.2d 926 (1954)

COMMISSIONER OF INTERNAL REVENUE v. GAZETTE TEL. CO.

United States Court of Appeals Tenth Circuit.

January 30, 1954.


Attorney(s) appearing for the Case

S. Dee Hanson, Sp. Asst. to Atty. Gen. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack and A. F. Prescott, Sp. Assts. to Atty. Gen., on the brief), for petitioner.

Dana Latham, Los Angeles, Cal. (John S. Welch and Latham & Watkins, Los Angeles, Cal., on the brief), for respondent.

John L. J. Hart, Denver, Colo. (Stephen H. Hart, Claude M. Maer, Jr., and William P. Cantwell, Denver, Colo., on the brief), amici curiae.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.


BRATTON, Circuit Judge.

This petition to review a decision of the Tax Court presents the question whether Gazette Telegraph Company, hereinafter referred to as the taxpayer, is entitled to amortize and deduct pro rata for the taxable years in question the asserted cost of a covenant not to engage in the newspaper business in El Paso County, Colorado, in competition with the taxpayer as assignee of the contract containing such covenant.

The Tax Court found...

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