Legal Opinion

Weirton Ice and Coal Supply Co. v. Commissioner of Internal Revenue

Court of Appeals for the Fourth Circuit

Decided March 19, 1956No. 7121_1PublishedCited by 21 opinions

1Opinion of the Court

SOPER, Circuit Judge.

The question involved in this petition to review is whether the Weirton Ice and Coal Supply Company, in computing its income taxes for the years 1946 to 1949, was entitled to take a percentage depletion deduction from its gross income from strip mining operations which it conducted under a contract with the National Steel Corporation.

Under provisions of the Internal Revenue Code and Treasury Regulations, 1 a reasonable allowance for depletion and for depreciation of improvements in the case of mines is allowed as a deduction in computing the net income of the owner of an…

2Cases cited5 opinions

  1. Palmer v. BenderSupreme Court of the United States · 1932
  2. Burton-Sutton Oil Co. v. CommissionerSupreme Court of the United States · 1946
  3. Commissioner of Internal Revenue v. The Mammoth Coal CompanyCourt of Appeals for the Third Circuit · 1956
  4. Emil Usibelli and Rose P. Usibelli v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
  5. Commissioner of Internal Revenue v. Gregory Run Coal Co. Commissioner of Internal Revenue v. Vincent. Commissioner of Internal Revenue v. J. E. Vincent Co., Inc. (Two Cases). B. H. Swaney & Sons, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1954

3Cited by21 opinions

  1. Arthur S. Barker and Alberta C. Barker v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
  2. United States v. James C. And Helen M. Stallard, and Dewey H. And Geneva StallardCourt of Appeals for the Fourth Circuit · 1959
  3. Walter Bernard McCall and Marie S. McCall Sam G. McCall and Ruth W. McCall v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1963
  4. McCall v. CommissionerUnited States Tax Court · 1962
  5. United States Steel Corporation v. United StatesDistrict Court, S.D. New York · 1967

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