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HILTON HOTELS CORPORATION v. UNITED STATES

No. 17124.

410 F.2d 194 (1969)

HILTON HOTELS CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

April 15, 1969.

Attorney(s) appearing for the Case

Thomas A. Foran, U. S. Atty., Chicago, Ill., Mitchell Rogovin, Asst. Atty. Gen., Stuart A. Smith, Atty., Tax Division, U. S. Dept. of Justice, Washington, D. C., Lee A. Jackson, Gilbert E. Andrews, Martin T. Goldblum, Attys., Dept. of Justice, Washington, D. C., for appellant; Richard A. Makarski, Asst. U. S. Atty., of counsel.

Milton A. Levenfeld, Chicago, Ill., Robert M. Levin, Levenfeld, Kanter, Baskes & Lippitz, Chicago, Ill., for appellee.

Before HASTINGS, Senior Circuit Judge, and KILEY and KERNER, Circuit Judges.

HASTINGS, Senior Circuit Judge.

The United States appeals from a district court decision in a refund suit brought by taxpayer Hilton Hotels Corporation (Hilton). The sole issue raised by this appeal1 is whether the district court erred, as the Government contends, in holding that expenditures incurred by Hilton in connection with an appraisal proceeding to value the stock of dissenting shareholders in a merged corporation are currently...

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