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MADISON NEWSPAPERS v. COMMISSIONER OF INTERNAL REV.

No. 12082.

253 F.2d 129 (1958)

MADISON NEWSPAPERS, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 8, 1958.

Attorney(s) appearing for the Case

John Enrietto, Dean C. Cameron, Chicago, Ill., for petitioner, Hamel, Park & Saunders, Chicago, Ill., of counsel.

Charles K. Rice, Asst. Atty. Gen., David O. Walter, Atty., Tax Division, U. S. Dept. of Justice, Washington, D. C., A. F. Prescott, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before SCHNACKENBERG and PARKINSON, Circuit Judges, and WHAM, District Judge.

PARKINSON, Circuit Judge.

Taxpayer, Madison Newspapers, Inc. petitioner here, seeks review and reversal of the Tax Court's decision that it does not come within the provisions of 26 U.S.C., 1952 edition, § 459(c), 26 U. S.C.A. Excess Profits Taxes, § 459(c) and there is, therefore, a deficiency of $2,142.41 in its income tax for the fiscal year ended September 30, 1950.

The facts are undisputed and the only issue is whether Madison Newspapers, Inc...

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