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KNIGHT-RIDDER NEWSPAPERS v. UNITED STATES

No. 82-6157.

743 F.2d 781 (1984)

KNIGHT-RIDDER NEWSPAPERS, INC., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 3, 1984.

Attorney(s) appearing for the Case

Glenn L. Archer, Jr., Asst. Atty., Gen., Michael L. Paup, Chief, Robert S. Pomerance, William A. Whitledge, Gayle P. Miller, Tax. Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Murai, Wald & Biondo, Gerald B. Wald, Miami, Fla., Hughes, Hubbard & Reed, George A. Davidson, New York City, for Knight-Ridder.

Before TJOFLAT and CLARK, Circuit Judges, and GOLDBERG, Senior Circuit Judge.

GOLDBERG, Circuit Judge:

The United States appeals from a decision of the District Court, holding that Knight-Ridder Newspapers ("Taxpayer" or "Knight-Ridder") is entitled to recover certain federal income tax payments with respect to its 1972, 1973, and 1974 taxable years. The payments represent various deficiencies assessed by the Internal Revenue Service and involve three separate legal issues. Taking them in order, we hold first that the Commissioner of Internal...

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