Columbus and Greenville Railway Company v. Commissioner of Internal Revenue

Fifth Circuit

Columbus and Greenville Railway Company v. Commissioner of Internal Revenue

358 F.2d 294, 17 A.F.T.R.2d (RIA) 643, 1966 U.S. App. LEXIS 6760

Court of Appeals for the Fifth Circuit·Decided March 24, 1966·No. 22227·Published·Cited by 43 cases

Opinion

PER CURIAM:

This case is before this Court on petition for review of the decision of the Tax Court which is reported in 42 T.C. 834. Reference is made to that opinion for exposition of the facts of this case and for the complete findings of the Tax Court.

*295 The Tax Court found “the cost of the property to petitioner and petitioner’s actual outlay for the property did not include any part of the $2,038,335.80 here in controversy.” 42 T.C. 834.

We believe this finding is dispositive of the case, and since it is not “clearly erroneous,” we must affirm the Tax Court under the doctrine of Commissioner of Internal Revenue v. Duberstein, 1960, 363 U.S. 278, 290-291, 80 S.Ct. 1190, 4 L.Ed.2d 1218.

Affirmed.

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PER CURIAM:

This case is before this Court on petition for review of the decision of the Tax Court which is reported in 42 T.C. 834. Reference is made to that opinion for exposition of the facts of this case and for the complete findings of the Tax Court.

*295 The Tax Court found “the cost of the property to petitioner and petitioner’s actual outlay for the property did not include any part of the $2,038,335.80 here in controversy.” 42 T.C. 834.

We believe this finding is dispositive of the case, and since it is not “clearly erroneous,” we must affirm the Tax Court under the doctrine of Commissioner of Internal Revenue v. Duberstein, 1960, 363 U.S. 278, 290-291, 80 S.Ct. 1190, 4 L.Ed.2d 1218.

Affirmed.

Columbus and Greenville Railway Company v. Commissioner of Internal Revenue, 358 F.2d 294, 17 A.F.T.R.2d (RIA) 643, 1966 U.S. App. LEXIS 6760 (5th Cir. 1966).

Pincite

358 F.2d 294 (Columbus and Greenville Railway Company v. Commissioner of Internal Revenue) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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