Lamont v. Commissioner

COLLET, District Judge.

These actions arise upon petitions for the review of the action of the Commissioner of Internal Revenue, affirmed by the Board of Tax Appeals, including in petitioners’ taxable income for the years 1935 and 1936 the amount of depletion deductions1 taken from taxable income derived *997in former years from mining property. Although the amounts are different, the facts and the principle upon which the deficiencies were assessed, are identical in both cases. The cases were by stipulation consolidated for submission here and will be treated as one action. The facts which give…