KING RADIO CORPORATION, INC. v. UNITED STATES

No. 73-1268.

486 F.2d 1091 (1973)

KING RADIO CORPORATION, INC. Plaintiff-Appellee, v. UNITED STATES of America Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 6, 1973.


Attorney(s) appearing for the Case

Jerome T. Wolf, Kansas City, Mo., for plaintiff-appellee.

Scott P. Crampton, Asst. Atty. Gen., Tax Div., Dept. of Justice, Ernest J. Brown, Acting Chief Appellate Section, Tax Div., Dept. of Justice, and Robert J. Roth, U. S. Atty., for defendant-appellant.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.


PER CURIAM.

This is an appeal by the government from a judgment of the United States District Court for the District of Kansas awarding taxpayer a refund for the taxable year 1964 in the amount of $1,854.77 plus interest.

The facts are not in dispute: During the year 1964 taxpayer had constructed a one-story combination office building-production facility of approximately 25,000 square feet. No permanent floor plan was incorporated in the architectural plans...

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