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CONSOLIDATED CHOL. G. & S. M. CO. v. COMMISSIONER OF INT. REV.

No. 10198.

133 F.2d 440 (1943)

CONSOLIDATED CHOLLAR GOULD & SAVAGE MIN. CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

February 11, 1943.

Attorney(s) appearing for the Case

John D. Gallaher, of San Francisco, Cal., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Bernard Chertcoff, and Arthur A. Armstrong, Sp. Assts. to the Atty. Gen., for appellee.

Before DENMAN, HANEY, and STEPHENS, Circuit Judges.

DENMAN, Circuit Judge.

Petitioner seeks a review of a decision of the United States Board of Tax Appeals, now Tax Court of the United States, sustaining a deficiency in income taxes for the tax years 1936 and 1938, computed by the respondent. The deficiency is based on the disallowance of a deduction claimed by petitioner from gross income "from the extraction of gold by the petitioner from certain dumps consisting of rocks and ore material which had never been milled...

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