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KFOX, INC. v. UNITED STATES

No. 151-71.

510 F.2d 1365 (1975)

KFOX, INC. v. The UNITED STATES.

United States Court of Claims.

February 19, 1975.

Attorney(s) appearing for the Case

M. Carr Ferguson, Jr., New York City, attorney of record for plaintiff. Charles T. Mederrick and Wachtell, Lipton, Rosen & Katz, New York City, of counsel.

Laurence J. Whalen, Washington, D. C., with whom was Asst. Atty. Gen., Scott P. Crampton, for defendant. Gilbert E. Andrews, Jr., Washington, D. C., of counsel.

Before COWEN, Chief Judge, and SKELTON and BENNETT, Judges.

SKELTON, Judge.*

OPINION

This case is a suit for a refund of income tax paid pursuant to a finding of tax deficiency by the Internal Revenue Service plus appropriate interest thereon. The period of time involved includes the fiscal year ending November 30, 1963, the taxable period December 1, 1963, through December 31, 1963, and the calendar years 1964, 1965, and 1966. The primary issue in the case deals with the

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