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UNITED STATES v. TIMES-MIRROR COMPANY

No. 14582.

231 F.2d 876 (1956)

UNITED STATES of America, Appellant, v. The TIMES-MIRROR COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

February 29, 1956.

Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Hilbert P. Zarky, David O. Walter, Sp. Assts. to Atty. Gen., Laughlin E. Waters, U. S. Atty., Edward R. McHale, Robert H. Wyshak, Asst. U. S. Attys., Los Angeles, Cal., for appellant.

MacKay, McGregor, Reynolds & Bennion, Adam Y. Bennion, A. Calder MacKay, Stafford R. Grady, Los Angeles, Cal., for appellee.

Before STEPHENS, POPE and FEE, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

On October 21, 1949, taxpayer, The Times-Mirror Company, paid excess profits taxes for the calendar years 1943 and 1944 in the sum of $62,357.30 plus interest. Claims for refund on the ground that expenditures for microfilming past issues of a newspaper in an emergency were current expenses were timely filed and were rejected. On November 20, 1952, taxpayer brought action in the District Court for claimed over-payments. The pre-trial...

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