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TRANSPORT MANUFACTURING & EQUIPMENT CO. OF DEL. v. C. I. R.

No. 18468.

374 F.2d 173 (1967)

TRANSPORT MANUFACTURING & EQUIPMENT COMPANY OF DELAWARE, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Eighth Circuit.

March 10, 1967.

Attorney(s) appearing for the Case

Guy A. Magruder, Jr., of Terrell, Van Osdol & Magruder, Kansas City, Mo., for petitioners Richard R. Riss, Sr., and Transport Manufacturing & Equipment Co. of Delaware.

Lawrence B. Silver, Atty., Tax Div., Dept. of Justice, Washington, D. C., for Commissioner of Internal Revenue; Mitchell Rogovin, Asst. Atty. Gen., and Lee A. Jackson and Harry Baum, Attys., Tax Div., Dept. of Justice, Washington, D. C., on the brief.

Before VAN OOSTERHOUT, GIBSON and HEANEY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

Transport Manufacturing & Equipment Company (T. M. & E.), taxpayer, has filed timely petition for review of the decision of the Tax Court entered March 8, 1966, based upon opinion of the Tax Court, unofficially reported at 23 CCH TCM 1113, upon two issues alleged to have been erroneously decided by the Tax Court, to wit:

1. Disallowance as a business expense of any part of attorneys fees and other costs of quo warranto...

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