HANNA IRON ORE CO. v. COMMISSIONER OF INTERNAL REV.

No. 11115.

208 F.2d 759 (1953)

HANNA IRON ORE CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Third Circuit.

Filed December 9, 1953.


Attorney(s) appearing for the Case

John E. Laughlin, Jr., Pittsburg, Pa., for appellant.

Cecelia H. Goetz, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Melva M. Graney, Sp. Assts. to Atty. Gen., on the brief), for appellee.

Before KALODNER, STALEY and HASTIE, Circuit Judges.


STALEY, Circuit Judge.

Petitioner asked the Tax Court to hold that expenses incurred in stripping the overburden from an open-pit iron ore mine, before any ore was removed from the mine, were deferred mining expenses, recoverable by deduction from the income produced by the sale of the ore thus uncovered and removed, rather than development expenses, chargeable to capital and recoverable through depletion. The Tax Court

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