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BING CROSBY PRODUCTIONS v. UNITED STATES

Nos. 76-1570, 76-2202 and 77-3054.

588 F.2d 1293 (1979)

BING CROSBY PRODUCTIONS, INC., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. SUSSEX PICTURES, INC., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. MCA INC. and Universal City Studios, Inc., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 4, 1979.

Attorney(s) appearing for the Case

Ann B. Durney, Atty. (argued), Dept. of Justice, Washington, D.C., for defendant-appellant.

Bernard J. Long, Jr. (argued), of Dow, Lohnes & Albertson, Washington, D.C., Carl A. Stutsman, Jr. (argued), Los Angeles, Cal., John C. Baity (argued), of Donovan, Leisure, Newton & Irvine, Los Angeles, Cal., for plaintiffs-appellees.

Before ANDERSON and HUG, Circuit Judges, and EAST, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

I. PROCEEDINGS BELOW

The companies involved in these appeals, Bing Crosby Productions (Bing Crosby or BCP), Sussex Pictures (Sussex), and MCA and Universal City Studios (MCA), brought refund suits in district court for their income taxes paid in the 1960's. Jurisdiction of the district court was based on 28 U.S.C. § 1340. Summary judgment was granted in all three cases in favor of the taxpayers. They were found to...

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