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THE COLONY, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

PER CURIAM.

The judgment of this court, 244 F.2d 75, having been reversed by the Supreme Court of the United States on June 9, 1958, in Colony, Inc., v. Commissioner of Internal Revenue, 1957, 357 U.S. 28, 78 S.Ct. 1033, 2 L.Ed.2d 1119.

It is ordered that the mandate issued by this court on May 14, 1957, be and it hereby is recalled, and that the decision of the Tax Court, 26 T.C. 30, be and it hereby is set aside, and the case is remanded to the Tax Court for proceedings consistent with the opinion of the Supreme Court of the United States.

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THE COLONY, INC. v. COMMR. OF INTERNAL REVENUE
(Sep 2, 1958)