JOURNAL-TRIBUNE PUBLISHING COMPANY v. C.I.R.

No. 17270.

348 F.2d 266 (1965)

JOURNAL-TRIBUNE PUBLISHING COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Eighth Circuit.

July 8, 1965.


Attorney(s) appearing for the Case

John Enrietto, Chicago, Ill., made argument for petitioner and filed brief with Frank C. Niswander, Chicago, Ill., and Hamel, Morgan, Park & Saunders, Washington, D. C.

John B. Jones, Jr., Acting Asst. Atty. Gen., Tax Division, Dept. of Justice, Washington, D. C., made argument for respondent and filed brief with Louis F. Oberdorfer, Asst. Atty. Gen., and Lee A. Jackson and Edward L. Rogers, Attys., Tax Div., Dept. of Justice, Washington, D. C.

Before JOHNSEN, Chief Judge, and VOGEL, VAN OOSTERHOUT, MATTHES, BLACKMUN, RIDGE and MEHAFFY, Circuit Judges.


JOHNSEN, Chief Judge.

In Journal-Tribune Publishing Co. v. Commissioner, 216 F.2d 138, 8 Cir. 1954, we reversed a holding of the Tax Court, 20 T.C. 654, as to petitioner's taxable year 1948, that replacement made by it during that year of some machinery and equipment in the newspaper plant of which it was lessee was not subject to deduction as business expense, but only to depreciation allowance thereon...

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