MORRIS-POSTON COAL CO. v. COMMISSIONER OF INT. REV.

No. 5434.

42 F.2d 620 (1930)

MORRIS-POSTON COAL CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

June 28, 1930.


Attorney(s) appearing for the Case

D. A. Gaskill and J. C. Fisher, both of Cleveland, Ohio (Charles P. Hine, of Cleveland, Ohio, on the brief), for petitioner.

J. H. McEvers, of Washington, D. C. (G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, C. M. Charest, and J. S. Franklin, all of Washington, D. C., on the brief), for respondent.

Before DENISON, Circuit Judge, and COCHRAN and JONES, District Judges.


DENISON, Circuit Judge.

For many years prior to 1921, the petitioner had been in the business of buying and selling coal. It regularly kept its books upon a system which, in its income tax reports, it described as the cash receipts and disbursement system. The accounting year ended December 31. All expenses of operation outstanding at that date were assembled and paid within the next few days and written up as of December 31. Invoices for coal sold (the sole receipts...

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