Helvering v. Elkhorn Coal Co.

On Rehearing.

PARKER, Circuit Judge.

The rehearing granted in this case and careful consideration of the briefs filed and arguments made thereop have served only to strengthen the majority of the court in the opinion heretofore expressed; and we see no basis whatever for the contention that our former opinion was based on a ground not considered by the Board of Tax Appeals. The question before the Board was whether the transfer to Mill Creek was of all the assets of the old company; and that question must necessarily have been answered there as it must be here by a consideration of the real…