RICHMOND TELEVISION CORP.
v.
UNITED STATES
Per Curiam.
The petition for writ of certiorari is granted. In the light of the representations of the Solicitor General, and an independent examination of the record, we believe . that the Court of Appeals for the Fourth Circuit was mistaken in its view that the petitioner’s amortization claims for the taxable years 1956 and 1957 were not properly before it. Although the record is not free from ambiguity, we take the Court of Appeals to have based its decision on the ground that the petitioner’s amortization claims derived solely from net operating loss deductions carried forward from prior years, and that no additional amortization deductions for 1956 and 1957 were sought. Since we find that the petitioner adequately presented its amortization claims for 1956 and 1957, we vacate the judgment of the Court of Appeals and remand the case to .that court for the consideration of those claims, without intimation of any kind as to their merit.
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The Colo. Springs Nat'l Bank v. United States, 505 F.2d 1185 (10th Cir. 1974)…ational economy. The credit card system enables a bank to carry on an old business in a new way. A new method is distinguishable from a new business. Richmond Television Corporation v. United States, 4 Cir., 345 F. 2d 901, vacated on other grounds, 382 U.S. 68, 86 S.Ct. 233, 15 L.Ed.2d 143, is not in point. In that case taxpayer, Richmond Television, was organized to operate a television station. Its controlling stockholder was the owner and operator of a radio station. Before Richmond secured a televisio…
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Richmond Television Corp. v. United States, 354 F.2d 410 (4th Cir. 1965)…ature and not properly before us. However, the Supreme Court granted certiorari and ruled that the amortization claims for the years 1956 and 1957 were adequately raised and properly before us and remanded the case for consideration of those claims. 86 S.Ct. 233 (Nov. 8, 1965). We of course accept the correction of the Supreme Court and proceed to determine the taxpayer’s right to amortization. The parties have submitted the issue, waiving further briefs or argument. The parties are agreed that the control…
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Madison GAS & Elec. Co. v. Commissioner OF Internal Revenue, 633 F.2d 512 (7th Cir. 1980)…nses were incurred as pre-operational costs of the partnership venture and therefore under settled law were non-deductible capital expenditures. See Richmond Television Corp. v. United States, 345 F. 2d 901 (4th Cir. 1965), vacated on other grounds, 382 U.S. 68, 86 S.Ct. 233, 15 L.Ed.2d 143. MGE argues that this holding elevates form over substance in that even if the operating arrangement is technically a tax partnership, the claimed expenses were in actuality simply ordinary and necessary expenses of exp…
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