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INTERNATIONAL TEL. AND TEL. CORP. v. C.I.R.

Nos. 913, 1048, Dockets 82-4169, 82-4181.

704 F.2d 252 (1983)

INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION and Affiliated Companies, Petitioners-Appellees-Cross-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 31, 1983.

Attorney(s) appearing for the Case

Ernest J. Brown, Atty., Tax Div., Dept. of Justice, Washington, D.C. (Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Atty., Tax Div., Dept. of Justice, Washington, D.C., of counsel), for respondent-appellant-cross-appellee.

Stephen D. Gardner, New York City (James S. Eustice, Robert A. Kagan, Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, of counsel), for petitioners-appellees-cross-appellants.

Before FEINBERG, Chief Judge, TIMBERS and CARDAMONE, Circuit Judges.

PER CURIAM:

This is an appeal and a cross-appeal from a decision of the United States Tax Court, Theodore Tannenwald, Chief Judge, concerning an alleged income tax deficiency of $885,064 for the taxable year 1965 assessed by the Commissioner of Internal Revenue against International Telephone and Telegraph Corporation and its affiliated companies (ITT Group). The Tax Court rejected the asserted deficiency, and held that there had been a tax overpayment by the consolidated...

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