PENNWEIR CONSTRUCTION COMPANY v. COMMISSIONER

Docket No. 57538.

18 T.C.M. 414 (1959)

T.C. Memo. 1959-90

Pennweir Construction Company v. Commissioner.

United States Tax Court.

Filed April 30, 1959.


Attorney(s) appearing for the Case

Robert P. Smith, Esq., and Dorothea Baker, Esq., for the petitioner. W. R. Musgrove, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

The Commissioner determined deficiencies in income tax of the petitioner for the years 1950 and 1951 in the amounts of $17,514.89 and $30,525.75. The only issue presented is whether the petitioner is entitle to take percentage depletion deductions for 1950 and 1951 from its gross income from strip-mining operations, conducted under an agreement with the owner of the coal.

Findings of Fact

The petitioner,...

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