BIG FOUR OIL & GAS CO. v. COMMISSIONER OF INTERNAL REV.

No. 5295.

83 F.2d 891 (1936)

BIG FOUR OIL & GAS CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

April 2, 1936.


Attorney(s) appearing for the Case

Thomas J. Reilly and William J. Byrne, both of New York City (J. P. Gardner, of counsel), for petitioner.

Frank J. Wideman, Asst. Atty. Gen., Sewall Key and John G. Remey, Sp. Assts. to the Atty. Gen., and Carlton Fox, of Washington, D.C., for respondent.

Paul Armitage, of New York City, amicus curiae.

Before DAVIS and THOMPSON, Circuit Judges, and FAKE, District Judge.


PER CURIAM.

The petitioner is the owner of certain oil leases upon which the Commissioner of Internal Revenue allowed depletion for the year 1928 at the rate of 27½ per cent. of income production. For the years prior to 1928 depletion allowances were ascertained upon the basis of values and reserves as of March 1, 1913, as estimated by the petitioner. That estimate was found to be too low as to three leases, to wit: The E. J. Seed, the L. M. Seed, and the Sherman...

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