Opinion · Court of Appeals for the Fifth Circuit
Columbus and Greenville Railway Company v. Commissioner of Internal Revenue
Columbus & Greenville Ry. Co. v. Comm’r of Internal Revenue, 358 F.2d 294 (5th Cir. 1966)
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1966-03-24
- Topic
- general
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.
Citator
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- Authority status
- pending
- Cited by
- 43 opinions
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.