Tressler v. Commissioner of Internal Revenue

SOPER, Circuit Judge.

This is a petition to review a decision of the Tax Court sustaining a deficiency assessment in the amount of $3,219.65 against the petitioner, S. B. Tresslcr, for individual income taxes for the taxable year 1943. The deficiency arises principally from a determination by the Commissioner of Internal Revenue that $13,661.70, reported by the taxpayer as royalties paid for coal taken from his Tresslcr Mine in Barbour County, West Virginia, by Tressler Coal Mining Company, of which the taxpayer was president and a principal stockholder, was in fact dividends paid by the…