Edward G. Swartz, Inc. v. Commissioner of Int. Rev.

HUTCHESON, Circuit Judge.

What petitioner began in March, 1928, as a contestation before the Board of a $273.-08 deficiency assessment, and a claimed over-assessment of $1,493.61 in its 1926 income tax, was converted by a complete volte face in November, 1929, into a claim that no taxes whatever were due. The petition first filed attacked as inadequate the depletion allowed because based on an estimated cut of 19,142,-787 feet instead of 21,286,585 feet actually cut, an excess of 2,143,798 feet cut in 1926. The amended petition does indeed make the same attack, but only in the alternative. No…