LUCKY TIGER-COMBINATION GOLD MINING CO. v. CROOKS

No. 11021.

95 F.2d 885 (1938)

LUCKY TIGER-COMBINATION GOLD MINING CO. v. CROOKS, Collector of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

April 12, 1938.


Attorney(s) appearing for the Case

Ralph M. Jones, of Kansas City, Mo. (William C. Michaels and Michaels, Blackmar, Newkirk, Eager & Swanson, all of Kansas City, Mo., on the brief), for appellant.

Louise Foster, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., and Sewall Key and Norman D. Keller, Sp. Assts. to Atty. Gen., on the brief), for appellee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

This is an action at law for the recovery of an alleged overpayment of income taxes for the year 1925. The controversy involves the amount of depletion which the taxpayer may deduct from gross income in arriving at the net income of a silver mine. The case was tried in the District Court without a jury, judgment was for the government, and the taxpayer appeals.

Appellant owns all of the capital stock of the Tigre Mining Company, Sociedad...

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