RUST-OWEN LUMBER CO. v. COMMISSIONER OF INTERNAL REV.

No. 5263.

74 F.2d 18 (1934)

RUST-OWEN LUMBER CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

December 3, 1934.


Attorney(s) appearing for the Case

John M. Campbell, of Eau Claire, Wis., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., Sewall Key and John MacC. Hudson, Sp. Assts. to Atty. Gen., and Arnold Raum, of Washington, D. C., for respondent.

Before ALSCHULER, SPARKS, and FITZHENRY, Circuit Judges.


SPARKS, Circuit Judge.

This appeal involves income taxes for the years 1927, 1928, and 1929, and arises out of a controversy over the amount petitioner should be allowed to deduct for depletion resulting from the cutting of timber owned by it in March 1913.

Petitioner prior to 1908 acquired certain land in Wisconsin with standing pine, hardwood, and hemlock timber. From April 30, 1913, to and including November 7, 1930, it held and operated those timber holdings...

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