Kehoe-Berge Coal Co. v. Commissioner

GOODRICH, Circuit Judge.

The facts and the legal question raised in this case are nearly the same as those raised in the Pittston-Duryea Coal Co. case, Pittston-Duryea Coal Co. v. Commissioner of Internal Revenue, 3 Cir., 117 F.2d 436, the opinion in which is filed this day. They differ, however, in one important particular. The taxpayer in the instant case filed its return for 1934 claiming a net loss in mining operations. No deduction for depletion was claimed in this return nor was any statement made regarding the basis for computing depletion. Sometime prior to October 3, 1936, the…