THE COLONY, INC. v. COMMISSIONER OF INTERNAL REVENUE

No. 13008.

259 F.2d 270 (1958)

THE COLONY, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

September 2, 1958.


Attorney(s) appearing for the Case

Richard C. Oldham and Baldwin C. Burnam, Louisville, Ky., for petitioner.

Charles K. Rice, John Potts Barnes, Lee A. Jackson, Robert N. Anderson, Grant W. Wiprud and John M. Morawski, Washington, D. C., for respondent.

Before McALLISTER, MILLER and STEWART, Circuit Judges.


PER CURIAM.

The judgment of this court, 244 F.2d 75, having been reversed by the Supreme Court of the United States on June 9, 1958, in Colony, Inc., v. Commissioner of Internal Revenue, 1957, 357 U.S. 28, 78 S.Ct. 1033, 2 L.Ed.2d 1119.

It is ordered that the mandate issued by this court on May 14, 1957, be and it hereby is recalled, and that the decision of the Tax Court, 26...

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