Blue Diamond Coal Company v. Commissioner of Internal Revenue

The petitioner herein, Blue Diamond Coal Company, has appealed from decisions of the Tax Court whereby its claims for refunds, under Section 735 of the Internal Revenue Code of 1939, 26 IDS. C.A. Excess Profits Taxes, § 735, were denied.

The appeals were consolidated in this Court and were heard and submitted upon the records, briefs and oral arguments of counsel for the respective parties.

The amount claimed by the taxpayer is $21481.19. The amount involved arises out of a dispute between the parties as to the number of months the petitioner was “in operation” of its coal mines, within the…