Enterprise Coal Co. v. Phillips

WATSON, District Judge.

This is an action by a taxpayer, the Enterprise Coal Company, to recover from *50the defendant, collector of internal revenue, the sum of $40,447.43 with interest from April 10, 1928, an income tax assessment paid under protest. By agreement, the case was tried before the court without a jury.

The taxpayer sought to deduct from its income for the year 1923 the following items: Operating expenses $115,887.65; loss on' abandonment $101,157.47; depletion of culm bank $93,257.10. The disallowance of these deductions by the Commissioner of Internal Revenue resulted in the tax in…