COMMISSIONER OF INTERNAL REVENUE v. MILLER

No. 14735.

227 F.2d 326 (1955)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Robert H. MILLER and Doris K. Miller, Respondents.

United States Court of Appeals Ninth Circuit.

November 17, 1955.


Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., John Potts Barnes, Chief Counsel, I. R. S., Chicago, Ill., Ellis N. Slack, Robert N. Anderson, S. Dee Hanson, Spe. Assts. to Atty. Gen., for petitioner.

Max B. Lewis, Salt Lake City, Utah, Tippit, Haskell & Welborn, Floyd K. Haskell, Denver, Colo., Gustin, Richards & Mattsson, Harley W. Gustin, Salt Lake City, Utah, for respondents.

Before HEALY and FEE, Circuit Judges, and WALSH, District Judge.


PER CURIAM.

This matter is before us on petition to review a decision of the Tax Court.

The Commissioner assessed deficiencies in respondents' income taxes paid for the years 1948 and 1949. On redetermination the Tax Court held with the taxpayers. The question presented is whether first-year rentals paid the government by respondents in obtaining noncompetitive oil and gas leases are ordinary and necessary business expenses deductible as rentals under §...

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