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EDLUND COMPANY v. UNITED STATES

No. 195, Docket 26570.

288 F.2d 17 (1961)

EDLUND COMPANY, Inc., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided March 14, 1961.

Attorney(s) appearing for the Case

A. Pearley Feen, Burlington, Vt. (Paul D. Sheehey, R. Allan Paul, Burlington, Vt., on the brief), for appellant.

Arthur I. Gould, Washington, D. C. (Louis G. Whitcomb, U. S. Atty., Rutland, Vt., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before LUMBARD, Chief Judge, MADDEN, Judge, United States Court of Claims, and WATERMAN, Circuit Judge.

MADDEN, Judge.

The plaintiff has appealed from a decision of the United States District Court for the District of Vermont, denying recovery by the plaintiff of Federal income taxes collected from it for the years 1953 through 1956. The dispute is as to whether the plaintiff was entitled to a higher basis for the depreciation of its property during those years, and a consequently larger deduction for depreciation, than it was allowed by the tax authorities.

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