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F. H. E. OIL CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 11167.

149 F.2d 238 (1945)

F. H. E. OIL CO. v. COMMISSIONER OF INTERNAL REVENUE. FLEMING-KIMBELL CORPORATION v. SAME.

Circuit Court of Appeals, Fifth Circuit.

May 4, 1945.

Attorney(s) appearing for the Case

Harry C. Weeks, of Fort Worth, Tex., for the taxpayers.

Warren F. Wattles and Sewall Key, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue and Bernard D. Daniels, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for the Commissioner.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

A vigorous motion for rehearing, supported by an exhaustive brief, contends that the decision is wholly wrong, and especially that the cost of drilling the "dry hole" should have been deducted as an expense of business or as a loss realized. Upon an assertion that the whole oil producing business is affected by the argument of our opinion to the effect that the option to deduct the drilling cost of a successful well, as given by Regulation of...

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