LASTER v. COMMISSIONER OF INTERNAL REVENUE

Nos. 10028, 10029.

128 F.2d 4 (1942)

LASTER et al. v. COMMISSIONER OF INTERNAL REVENUE (two cases).

Circuit Court of Appeals, Fifth Circuit.

April 17, 1942.


Attorney(s) appearing for the Case

Harry C. Weeks, of Fort Worth, Tex., for petitioners.

Helen R. Carloss, Sewall Key, J. Louis Monarch, and Lee A. Jackson, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Vernon F. Weekley, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Conard E. Cooper, of Tulsa, Okl., amicus curiae for petitioner.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

Appealing from an opinion1 and order of the board, taxpayers present three issues for decision. The first of these, whether taxpayers may deduct as intangible drilling and development costs, amounts paid to drilling contractors in connection with drilling and equipping oil wells, presents as to part of the wells identically, and as to the rest of them, substantially, the same facts, and is to be determined on...

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