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COMMODORE MINING CO. v. COMMISSIONER OF INT. REV.

No. 2000.

111 F.2d 131 (1940)

COMMODORE MINING CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

March 29, 1940.

Attorney(s) appearing for the Case

George T. Evans, of Denver, Colo. (Carl J. Sigfrid, of Denver, Colo., on the brief), for petitioner.

Louise Foster, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Ellis N. Slack, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before BRATTON and HUXMAN, Circuit Judges, and VAUGHT, District Judge.

BRATTON, Circuit Judge.

This petition to review a decision of the Board of Tax Appeals involves a deficiency in income and excess profits taxes for the years 1934, 1935 and 1936. Petitioner owned certain mining property in Colorado described as the Commodore Mine. Operation of the mine was abandoned in 1912 for lack of profitable ore. The original cost of the property had been fully recovered through depletion sustained in operation prior to March 1, 1913, and on...

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