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E. I. duPONT de NEMOURS AND COMPANY v. UNITED STATES

No. 17948.

432 F.2d 1052 (1970)

E. I. du PONT de NEMOURS AND COMPANY v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 13, 1970.

Attorney(s) appearing for the Case

William Friedlander, U. S. Dept. of Justice, Tax Division, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Jeanine Jacobs, Attys., Dept. of Justice, Washington, D. C., F. L. Peter Stone, U. S. Atty., on the brief), for appellant.

Karl R. Price, Ivins, Phillips & Barker, Washington, D. C. (Roy A. Wentz, Jr., John F. Palmer, Wilmington, Del., on the brief), for appellee.

Before KALODNER and VAN DUSEN, Circuit Judges, and FULLAM, District Judge.

OPINION OF THE COURT

FULLAM, District Judge:

This appeal raises two unrelated tax issues: (1) whether funds received by the taxpayer in exchange for the assignment of certain Brazilian patents were taxable as ordinary income or as capital gain; and (2) whether certain legal expenses incurred in connection with the reorganization of a Canadian subsidiary of the taxpayer were deductible as ordinary business expenses, or were capital expenditures. The District...

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