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PUBLIC SERVICE CO. v. STATE

No. 4731.

102 N.H. 150 (1959)

PUBLIC SERVICE COMPANY & a. v. STATE & a.

Supreme Court of New Hampshire.

Decided June 30, 1959.

Attorney(s) appearing for the Case

Louis C. Wyman, Attorney General, Warren E. Waters, Deputy Attorney General, and John N. Nassikas, special counsel (Mr. Nassikas orally), for the State.

Sulloway, Hollis, Godfrey & Soden (Mr. Hollis orally), for Public Service Company of New Hampshire, and New Hampshire Electric Company.

Atlee F. Zellers (by brief and orally), for New Hampshire Electric Cooperative, Inc. and White Mountain Power Company.

DUNCAN, J.

The chief issue relating to the determination of rate base arises out of the circumstance that Public Service Company holds certain "emergency certificates" issued under the National Defense Production Act of 1950. U.S.C. A., 50 App. s. 2153; Exec. Order No. 10193. These certificates entitle it under section 168 of the Internal Revenue Code of 1954 to an income tax deduction for accelerated amortization...

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