HADDEN v. COMMISSIONER OF INTERNAL REVENUE

No. 236.

49 F.2d 709 (1931)

HADDEN v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

May 11, 1931.


Attorney(s) appearing for the Case

Lyle T. Alverson, of New York City (Wayne Johnson, of New York City, of counsel), for petitioner.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and Andrew D. Sharpe, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and William E. Davis, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


MANTON, Circuit Judge.

The United Thacker Coal Company began business in January, 1904. From that time until April 30, 1917, its expenses exceeded its income by $833,862.92, and from March 1, 1913, to April 30, 1917, the excess was $329,549.22. It had no profits from its organization until March 1, 1913. The net earnings or profits from April 30, 1917, to December 20, 1917, were $405,949.07, which resulted from the sale of capital assets. The amount of the gain, basing...

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