USIBELLI v. COMMISSIONER OF INTERNAL REVENUE

No. 14559.

229 F.2d 539 (1955)

Emil USIBELLI and Rose P. Usibelli, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

December 14, 1955.


Attorney(s) appearing for the Case

A. R. Kehoe, Jones & Grey, Seattle, Wash., for appellant.

H. Brian Holland, Asst. Atty. Gen., I. Henry Kutz, Ellis N Slack, Lee A. Jackson, Robert B. Ross, Special Assts. to Atty. Gen., for appellee.

Richard L. Levy, William T. Coleman, Jr., Dillworth, Paxson, Kalish & Green, Philadelphia, Pa., Edgar J. Goodrich, Lipman Redman, Guggenheimer, Untermeyer, Goodrich & Amram, Washington, D. C., John W. Bodine, Philadelphia, Pa., counsel for Jeddo-Highland Coal Co., and the Anthracite Institute, Drinker, Biddle & Reath, Philadelphia, Pa., of counsel, amici curiae.

Before STEPHENS, HEALY, and POPE, Circuit Judges.


STEPHENS, Circuit Judge.

This case is before us on petition for review of a decision of the Tax Court of the United States and involves a claimed allowance of a depletion deduction under Section 23(m)1 of the Internal Revenue Act of 1939 to petitioner for certain government coal lands which he strip-mined pursuant to a contract with the United States Army. Except where otherwise stated in this opinion, the term "petitioner" refers to petitioner...

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