KEETON, District Judge.
The taxpayer, Magnolia Surf, Inc. ("Magnolia Surf"), appeals from a decision of the United States Tax Court holding that certain personal property of a restaurant business it acquired on April 1, 1971, pursuant to a purchase and sale agreement entered into on February 24, 1971, was not eligible for the investment tax credit established by section 38 for property described by sections 46 through 50 of the Internal Revenue Code of 1954, as those...
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