KOHINOOR COAL CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 9630.

171 F.2d 880 (1948)

KOHINOOR COAL CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Third Circuit.

Decided December 20, 1948.

Rehearing Denied January 13, 1949.


Attorney(s) appearing for the Case

James J. Dougherty, of Philadelphia, Pa. (John R. Scholl, of Philadelphia, Pa., on the brief), for petitioner.

Morton K. Rothschild, of Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., and Sewall Key and A. F. Prescott, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before MARIS, GOODRICH and KALODNER, Circuit Judges.


KALODNER, Circuit Judge.

This appeal is taken from the decision of the Tax Court.

The question presented is whether the taxpayer is entitled to an allowance for percentage depletion with respect to its operations in the extraction and processing of coal from culm or refuse banks which it leased for that purpose from the owner and operator of a coal mine. The claim for depletion allowance is based upon Section 23(m...

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