LUMAGHI COAL CO. v. HELVERING

No. 11940.

124 F.2d 645 (1942)

LUMAGHI COAL CO. v. HELVERING, Commissioner of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 9, 1942.


Attorney(s) appearing for the Case

Chase Morsey, of St. Louis, Mo. (E. Miltenberger Cain, of St. Louis, Mo., on the brief), for petitioner.

Harry Marselli, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.


WOODROUGH, Circuit Judge.

This is a proceeding to review a decision of the Board of Tax Appeals sustaining a deficiency in income tax of Lumaghi Coal Company for the year 1934 assessed by the Commissioner upon his determination that the coal company was entitled only to $13,637.15 depletion deduction, and not to $29,354.41, the amount taken by the taxpayer on its return. The case involves the determination of the amount allowable to the taxpayer as a deduction for...

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