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L. B. FOSTER COMPANY v. UNITED STATES

No. 12187.

248 F.2d 389 (1957)

The L. B. FOSTER COMPANY, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided September 30, 1957.

Attorney(s) appearing for the Case

Julian Ruslander, Pittsburgh, Pa. (Ruslander, Ruslander & Lieber, Pittsburgh, Pa., on the brief), for appellant.

James P. Turner, Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Ellis N. Slack, Hilbert P. Zarky, Helen A. Buckley, Attys., Dept. of Justice, Washington, D. C., D. Malcolm Anderson, Pittsburgh, Pa., U. S. Atty., Thomas J. Shannon, Asst. U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

Is a payment in compromise settlement of the federal estate tax deductible as an "ordinary and necessary expense" under Sec. 23(a) (1) (A) of the Internal Revenue Code of 1939?1

That issue is presented by this appeal from the judgment of the District Court for the Western District of Pennsylvania in favor of the defendant.

The undisputed facts may be summarized as follows:

The L. B. Foster...

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