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KEHOTA MINING CO. v. LEWELLYN

Nos. 3953, 3954.

30 F.2d 817 (1929)

KEHOTA MINING CO. v. LEWELLYN, Formerly Collector of Internal Revenue. SAME v. HEINER, Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

February 18, 1929.

Attorney(s) appearing for the Case

Hale Hill, Maynard Teall, Smith, Shaw & McClay, W. J. Aiken, Wm. A. Seifert, and Wm. W. Booth, all of Pittsburgh, Pa., for appellant.

John D. Meyer, U. S. Atty., of Pittsburgh, Pa., C. M. Charest, of Washington, D. C., John A. McCann, of Pittsburgh, Pa., and Frank J. Ready, Jr., Sp. Atty., BUreau of Internal Revenue, of Washington, D. C., for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

These suits to recover taxes paid under protest concern items allowed for depreciation and depletion of mining properties which the plaintiff says were insufficient and therefore unlawful. There is no oral testimony. The proofs consist of averments in the plaintiff's statement of claim which the defendants either admitted or failed specifically to deny, (Pennsylvania practice), findings of fact, opinion and decision by the Board of Tax Appeals...

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