MADISON SQUARE GARDEN CORPORATION v. C. I. R.

Nos. 858, 1099, Dockets 73-2160, 73-2407.

500 F.2d 611 (1974)

MADISON SQUARE GARDEN CORPORATION (formerly Graham-Paige Corporation), Petitioner-Appellant/Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant/Appellee.

United States Court of Appeals, Second Circuit.

Decided July 30, 1974.


Attorney(s) appearing for the Case

David G. Sacks, New York City (Simpson, Thacher & Bartlett, Michael H. Simonson, Margaret Ann Murdich, New York City, of counsel), for petitioner-appellant/appellee.

Carolyn R. Just, Atty. Tax Div. (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Ernest J. Brown, Attys., Tax Div., Dept. of Justice, Washington, D.C., of counsel), for respondent-appellant/appellee.

Before SMITH and TIMBERS, Circuit Judges, and TYLER, District Judge.


J. JOSEPH SMITH, Circuit Judge:

These are cross-appeals from a decision by the Tax Court, 58 T.C. 619 (1972), Irene F. Scott, Judge, holding (1) that the taxpayer, Madison Square Garden Corporation (MSG), was entitled under 26 U.S.C. § 334(b)(2) to a stepped-up basis for assets acquired through a merger-liquidation of a controlled corporation, but (2) that it was limited in this step-up...

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