HOUSTON CHRONICLE PUBLISHING CO. v. UNITED STATES

No. 72-2881.

481 F.2d 1240 (1973)

HOUSTON CHRONICLE PUBLISHING COMPANY, Plaintiff-Appellee-Cross Appellant, v. UNITED STATES of America, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 27, 1973.


Attorney(s) appearing for the Case

Howard A. Weinberger, Atty., Tax Div., Dept. of Justice, Dallas, Tex., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Wesley J. Filer, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Fred E. Croshaw, Walter P. Zivley, Houston, Tex., for plaintiff-appellee.

Before BELL, GOLDBERG and SIMPSON, Circuit Judges.


GOLDBERG, Circuit Judge:

This is a tax case raising three complex and unrelated issues, none of which admits of facile solution. Taxpayer, the Houston Chronicle Publishing Company, is a Texas corporation that publishes The Houston Chronicle, a major daily newspaper. From 1963 to 1966 taxpayer engaged in the series of actions to expand its facilities and operations that gave rise to the tax questions now before us. Simply stated, those issues are:

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