CLOVER SPLINT COAL COMPANY, INC. v. COMMISSIONER

Docket No. 110257.

2 T.C.M. 368 (1943)

Clover Splint Coal Company, Inc. v. Commissioner.

United States Tax Court.

Entered June 29, 1943.


Attorney(s) appearing for the Case

Arthur S. Dayton, Esq., 1101 Security Bldg., Charleston, W. Va., and William Wallace Booth, Esq., for the petitioner. W. J. McFarland, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

The respondent determined deficiencies of $6,528.51 and $6,054.60 in the petitioner's income taxes for the years 1938 and 1939, respectively.

The sole issue is whether or not the petitioner is entitled to a right of election as to percentage depletion, as provided in section 114 (b) (4) of the Revenue Act of 1936 (I. R. C., section 114 (b) (4)).

Findings of Fact

The facts were stipulated and as so...

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