Legal Opinion

Pittston-Duryea Coal Co. v. Commissioner

Court of Appeals for the Third Circuit

Decided January 24, 1941No. 7476PublishedCited by 5 opinions

1Opinion of the Court

GOODRICH, Circuit Judge.

This appeal from a decision of the Board of Tax Appeals raises the question of the proper interpretation of section 114 (b) (4) of the Revenue Act of 1934, 26 U.S.C.A. Int.Rev.Acts, page 702.1

In 1934 the Pittston-Duryea Coal Company, the taxpayer, acquired leases of certain coal mining property in Pennsylvania *438without any original cost. These .properties were mined by the taxpayer in 1934 and 1935 and during those years were the only properties worked by it. Its mining operations in 1934 resulted in a net loss, without any allowance for depletion, although it did have…

2Cases cited3 opinions

  1. Haggar Co. v. Helvering, Com'r of Internal RevenueSupreme Court of the United States · 1940
  2. J. E. Riley Investment Co. v. CommissionerSupreme Court of the United States · 1940
  3. Pittsburgh Brewing Co. v. Commissioner of Int. Rev.Court of Appeals for the Third Circuit · 1939

3Cited by5 opinions

  1. Mother Lode Coalition Mines Co. v. CommissionerSupreme Court of the United States · 1942
  2. Kehoe-Berge Coal Co. v. CommissionerCourt of Appeals for the Third Circuit · 1941
  3. In Re Webber Motor Co.District Court, D. New Jersey · 1943
  4. Mother Lode Coalition Mines Co. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1942
  5. Clover Splint Coal Co. v. CommissionerCourt of Appeals for the Third Circuit · 1944

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