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MURPHY OIL CO. v. BURNET

Nos. 6388, 6459.

55 F.2d 17 (1932)

MURPHY OIL CO. v. BURNET, Com'r of Internal Revenue. COMMISSIONER OF INTERNAL REVENUE v. MURPHY OIL CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 23, 1932.

Attorney(s) appearing for the Case

Randolph E. Paul, of New York City (Thomas R. Dempsey, A. Calder Mackay, Kenyon F. Lee, and Bradner W. Lee, all of Los Angeles, Cal., of counsel), for petitioner and cross-respondent.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, J. L. Monarch, John G. Remey, and J. P. Jackson, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, R. N. McMillan and J. K. Polk, Sp. Attys., Bureau of Internal Revenue, all of Washington, D. C., of counsel), for respondent and cross-petitioner.

Raymond Benjamin, of Washington, D. C., amicus curiæ.

Before WILBUR and SAWTELLE, Circuit JJ., and JAMES, District J.

WILBUR, Circuit Judge.

Two petitions have been presented to review a determination of the Board of Tax Appeals. That by the commissioner claims that by the order of the board with reference to bonus, payments by the lessee, aggregating $5,173,595.18, were improperly applied by the board in estimating the depletion, properly deductible, from the income for the years 1919 and 1920. That by the taxpayer claims an error in regard to the application of the cost and expense...

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