McCALL v. C. I. R.

No. 8707.

312 F.2d 699 (1963)

Walter Bernard McCALL and Marie S. McCall, Sam G. McCall and Ruth W. McCall, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1963.


Attorney(s) appearing for the Case

John Y. Merrell, Washington, D. C., for petitioners.

Thomas A. Skornia, Attorney, Department of Justice (Louis F. Oberdorfer, Asst. Atty. Gen., and Lee A. Jackson and Robert N. Anderson, Attorneys, Department of Justice, on the brief), for respondent.

Before SOBELOFF, Chief Judge, BRYAN, Circuit Judge, and WINTER, District Judge.


WINTER, District Judge.

Two or three partners (Taxpayers), and their wives who joined with them in filing joint income tax returns, appeal from the Tax Court's determination (37 T.C. 674 (1962)) of deficiencies in income taxes for the year 1956, occasioned by the disallowance of a deduction for depletion, provided for by 26 U.S.C.A. § 611 and the regulations issued thereunder, in regard to coal mining carried on by the partners...

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