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C.I.R. v. FIFTH AVENUE COACH LINES, INC.

No. 271, Docket 25986.

281 F.2d 556 (1960)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. FIFTH AVENUE COACH LINES, INC., Respondent. FIFTH AVENUE COACH LINES, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided July 29, 1960.

Attorney(s) appearing for the Case

William J. Howard, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., and Lee A. Jackson and Harry Baum, Attys., Dept. of Justice, Washington, D. C., on the brief), for Commissioner of Internal Revenue.

Paul R. Russell, of Shearman & Sterling & Wright, New York City, for taxpayer.

Before SWAN, CLARK, and FRIENDLY, Circuit Judges.

CLARK, Circuit Judge.

These are petitions by both the Commissioner of Internal Revenue and the taxpayer for review of a Tax Court decision, 31 T.C. 1080, sustaining in part only determinations of deficiencies in the taxpayer's income taxes for the years 1943 to 1947 and excess profits tax for the year 1943. The taxable year 1948 is involved only in so far as the earlier years are affected by a net operating loss deduction from 1948...

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