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HARVEY RADIO LABORATORIES, INC. v. C. I. R.

No. 72-1287.

470 F.2d 118 (1972)

HARVEY RADIO LABORATORIES, INC. Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided December 13, 1972.

Attorney(s) appearing for the Case

Chester M. Howe, Boston, Mass., for petitioner-appellant.

Charles R. Burnett, Atty., Tax Div., Dept. of Justice, with whom Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, and Crombie J. D. Garrett, Attys., Tax Div., Dept. of Justice, were on brief, for respondent-appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

The present case, decided by the Tax Court prior to our opinion in Leslie S. Ray Ins. Agency, Inc. v. United States, 1 Cir., 1972, 463 F.2d 210, raises a question not therein resolved, but a logical extension of the issue then before us. Taxpayer here, a Massachusetts corporation in the radio and television broadcasting business, agreed to sell its business...

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