Porto Rico Coal Co. v. Commissioner of Internal Rev.

CHASE, Circuit Judge,

The petitioner is a foreign corporation organized under the laws of Puerto Rico where it was engaged during its taxable calendar year 1935 in selling coal. It sustained a net loss in that part of its business, It now admits that its stock was so held, however, that it was a personal holding company within § 351(b) (1) (A) of the Revenue Act of 1934, 26 U.S.C.A. Int.Rev. Acts, page 757, provided it derived at least 80 per centum of its gross income from interest and gains from the sale of -securities. The Commissioner, deciding that it was a personal holding company…