ALBANY CAR WHEEL COMPANY v. C. I. R.

No. 454, Docket 28706.

333 F.2d 653 (1964)

ALBANY CAR WHEEL COMPANY, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided June 23, 1964.


Attorney(s) appearing for the Case

Irving L. Innerfield, Buffalo, N. Y. (Albert R. Mugel, Buffalo, N. Y., on the brief), for petitioner.

Meyer Rothwacks, Atty., Dept. of Justice, R. P. Hertzog, Acting Chief Counsel, Internal Revenue Service, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and David O. Walter, Attys., on the brief), for respondent.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.


PER CURIAM.

Petitioner, Albany Car Wheel Company, Inc., seeks review of a decision of the Tax Court, 40 T.C. 831 (1963), upholding the contention of the Commissioner that petitioner had overstated the cost basis of its assets. 26 U.S.C. § 1012 (1958).

Petitioner purchased the operating assets of a corporation engaged in the manufacture and sale of chilled iron wheels. Petitioner claims that the purchase cost included an...

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