ALSTEAD COAL CO. v. YOKE

Civ. No. 267-F.

104 F.Supp. 606 (1952)

ALSTEAD COAL CO. v. YOKE, Collector of Internal Revenue.

United States District Court N. D. West Virginia, Fairmont Division.

March 29, 1952.


Attorney(s) appearing for the Case

O. E. Wyckoff and E. Bailey Wyckoff, of Grafton, W. Va., for plaintiff.

Richard M. Roberts, Special Asst. to Atty. Gen., and Howard Caplan, U. S. Atty., Clarksburg, W. Va. (Ellis N. Slack, Acting Asst. Atty. Gen., and Andrew D. Sharpe, Special Asst. to the Atty. Gen. on brief), for defendant.


WATKINS, District Judge.

The question here is whether certain expenditures, most of which were made by taxpayer between March 1, 1945 and June 15, 1945, constituted development costs to be capitalized and recoverable through depletion, or whether they were ordinary and necessary business expenses to be deducted in full during the fiscal year. The taxpayer treated these expenditures of $35,535.85 as operating expense in making its tax return. The Commissioner of Internal...

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