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RILEY v. DOUGLASS

Nos. 13504, 13505.

221 F.2d 146 (1955)

J. E. RILEY, Appellant, v. R. L. DOUGLASS, Collector of Internal Revenue, Appellee. Gertrude B. RILEY, Appellant, v. R. L. DOUGLASS, Collector of Internal Revenue, Appellee.

United States Court of Appeals, Ninth Circuit.

April 1, 1955.

Attorney(s) appearing for the Case

Woodburn, Forman & Woodburn, Reno, Nev., for appellants.

H. Brian Holland, Asst. Atty. Gen., Carolyn Just, Ellis N. Slack, William B. Waldo, Special Assts. to Atty Gen., Madison B. Graves, U. S. Atty., Las Vegas, Nev., for appellee.

Before POPE and CHAMBERS, Circuit Judges, and CLARK, District Judge.

CHAMBERS, Circuit Judge.

This is a consolidated appeal of the separate cases of a husband and his wife on an income tax depletion-gross income question decided in the United States District Court of Nevada in favor of a collector of internal revenue.

J. E. Riley and Gertrude B. Riley, husband and wife, operated during the latter part of 1943 and during 1944 in Humboldt County, Nevada, what is known as the Riley mine, a low grade tungsten mine. Production was...

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