NORTHERN NATURAL GAS COMPANY v. UNITED STATES

Nos. 72-1292-72-1294.

470 F.2d 1107 (1973)

NORTHERN NATURAL GAS COMPANY et al., Appellant, v. UNITED STATES of America, Appellee. NORTHERN PROPANE GAS COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 3, 1973.

As Amended on Denial of Rehearing and Rehearing January 29, 1973.


Attorney(s) appearing for the Case

James W. R. Brown, Omaha, Neb., for appellants.

John A. Townsend, Atty. Tax Div., Dept. of Justice, Washington, D. C., for appellee.

Before BRIGHT and STEPHENSON, Circuit Judges and BOGUE, District Judge.


As Amended on Denial of Rehearing and Rehearing En Banc January 29, 1973.

STEPHENSON, Circuit Judge.

This appeal presents the perplexing question of whether, for depreciation purposes, the "enhanced value" of a going concern's assets may be included in the adjusted basis of a purchaser of the business.1

From 1960 to 1964, appellant (Northern) acquired the assets of 58 propane gas distributorships located within an eight...

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