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RCA COMMUNICATIONS, INC. v. UNITED STATES

No. 214-53.

277 F.2d 164 (1960)

RCA COMMUNICATIONS, INC. v. UNITED STATES of America.

United States Court of Claims.

May 4, 1960.

Attorney(s) appearing for the Case

John P. Ohl, New York City, for plaintiff. Howard R. Hawkins and Lawrence A. Kobrin, New York City, were on the brief.

Rufus E. Stetson, Jr., Washington, D. C., with whom was Asst. Atty. Gen., Charles K. Rice, for defendant. James P. Garland, Lyle M. Turner and Benjamin H. Pester, Washington, D. C., were on the brief.

FAHY, Circuit Judge, sitting by designation.

This is an action by RCA Communications, Inc., herein referred to as taxpayer, to recover income and excess profits taxes claimed to be due from the United States as a result of the failure of taxpayer to make a deduction from gross income for the taxable year 1945.

At the end of World War II taxpayer among others was authorized by the appropriate military authorities to "install a radio station and operate a direct...

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