C.I.R. v. INDIANA BROADCASTING CORPORATION

No. 14954.

350 F.2d 580 (1965)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. INDIANA BROADCASTING CORPORATION, Respondent.

United States Court of Appeals Seventh Circuit.

August 17, 1965.


Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Tax Div., Ralph A. Muoio, Lee A. Jackson, David O. Walter, Attys., Dept. of Justice, Washington, D. C., for petitioner.

Edwin S. Cohen, Whitman Knapp, Donald Schapiro, Martin F. Richman, New York City, for respondent; Harold T. Quinn, Edward M. W. Hines, New York City, of counsel.

Before SCHNACKENBERG and CASTLE, Circuit Judges, and MERCER, District Judge.


MERCER, District Judge.

The single contested issue presented on this petition is the question whether a television network affiliation contract for a two-year term, which is automatically renewable, in the absence of termination by the affirmative act of either of the parties, for an unlimited number of successive two-year terms is a depreciable asset.

The purpose of the depreciation allowance permitted under the Code is to enable a taxpayer to recover the...

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