PROVIDENCE COAL MINING CO. v. GLENN

Civ. No. 1497.

88 F.Supp. 975 (1950)

PROVIDENCE COAL MINING CO. v. GLENN, Collector of Internal Revenue.

United States District Court W. D. Kentucky, at Louisville.

January 27, 1950.


Attorney(s) appearing for the Case

E. J. Wells, Louisville, Kentucky, attorney for plaintiff.

Theron Lamar Caudle, Assistant Attorney General, Andrew D. Sharpe, Henry L. Spencer, Special Assistants to the Attorney General, David C. Walls, United States Attorney, Matthew O. Henchey, Assistant United States Attorney, Louisville, Kentucky, attorneys for defendant.


SHELBOURNE, District Judge.

On its income tax return for the calendar year 1943, the Providence Coal Mining Company accounted for the sale of a coal tipple, steel rails, wire and other personalty for which it received $24,346.11, from a mine referred to in the evidence as No. 3, which it had operated up to May 1, 1942, as a sale of capital assets and taxable under Section 117(j) of the Internal Revenue Code of 1942, 26 U.S.C.A. § 117(j).

It deducted on...

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