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JEFFERSON MEMORIAL GARDENS, INC. v. C. I. R.

No. 24773.

390 F.2d 161 (1968)

JEFFERSON MEMORIAL GARDENS, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 7, 1968.

Attorney(s) appearing for the Case

Jacquin D. Bierman, Chase & Bierman, New York City, for petitioner.

Lester R. Uretz, Chief Counsel, I.R.S., Richard P. Milloy, Atty., I.R.S., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Jonathan S. Cohen, Willy Nordwind, Jr., Attys., Dept. of Justice, Washington, D. C., for respondent.

Before COLEMAN and SIMPSON, Circuit Judges, and DAWKINS, District Judge.

BEN C. DAWKINS, JR., District Judge:

Presented here is a petition for review of a decision of the Tax Court upholding income tax deficiency assessments1 against Jefferson Memorial Gardens, Inc. (hereinafter petitioner or taxpayer) for the years 1957, 1958, and 1959. There are two questions for decision: first, whether petitioner is entitled to a higher acquisition basis on certain real estate acquired by it for use in the cemetery business...

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