UNITED STATES v. RODEN COAL CO.

No. 5771.

39 F.2d 425 (1930)

UNITED STATES v. RODEN COAL CO.

Circuit Court of Appeals, Fifth Circuit.

April 4, 1930.


Attorney(s) appearing for the Case

Robert L. Williams, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., C. B. Kennamer, U. S. Atty., of Birmingham, Ala., and J. Osmond Middleton, Asst. U. S. Atty., of Clanton, Ala. (C. M. Charest, Gen. Counsel, and T. H. Lewis, Jr., Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for the United States.

William S. Pritchard, of Birmingham, Ala. (John D. Higgins, of Birmingham, Ala., on the brief), for appellee.

William S. Pritchard, of Birmingham, Ala., and Sidney P. Simpson, of New York City (Hines, Rearick, Dorr, Travis & Marshall, Walker D. Hines, A. C. Rearick, and William B. Hubbell, all of New York City, on the brief), amici curiæ, for National Coal Ass'n.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


FOSTER, Circuit Judge.

Appellee is the owner and operator of a coal mine in Alabama, and filed its income and profit tax returns for the calendar year 1918, showing a tax liability for such year of $5,819.83. In making the return, appellee deducted ten items amounting to $17,767.24 from gross income as current expenses of the year. Based on an audit of appellee's books, the Commissioner of Internal Revenue rejected the items as chargeable to expense, held they were...

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