Amherst Coal Co. v. Commissioner
United States Tax Court
During the taxable year 1942 petitioner mined coal from 3 mines and loaded it from 2 tipples. The lands from which the coal was mined covered an area of over 4,600 acres in West Virginia and were acquired at various times between 1912 and 1940, either in fee or by lease. The lands were all contained within a single boundary.
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During the taxable year 1942 petitioner mined coal from 3 mines and loaded it from 2 tipples. The lands from which the coal was mined covered an area of over 4,600 acres in West Virginia and were acquired at various times between 1912 and 1940, either in fee or by lease. The lands were all contained within a single boundary. Petitioner, in computing percentage depletion under section 114 (b) (4), I. R. C., as amended, has consistently treated its income from mining as arising from a single property. The respondent determined that petitioner's income from mining should be treated as arising…
1Opinion of the Court
OPINION.
Black, Judge:
As indicated at the beginning of this report, the sole remaining issue is whether the respondent erred in computing the amount of percentage depletion allowable to petitioner for the year 1942 by treating petitioner’s operations as two separate properties within the meaning of section 114 (b) (4) of the Internal Revenue Code, rather than as one property, as contended for by petitioner. The material part of this section of the code, as amended, and the material part of Regulations 111 are set forth in the margin.2
Although the respondent determined that petitioner’s…
2Cases cited2 opinions
- Berkshire Oil Co. v. CommissionerUnited States Tax Court · 1947
- Black Mountain Corp. v. CommissionerUnited States Tax Court · 1945
3Cited by16 opinions
- Island Creek Coal Co. v. CommissionerUnited States Tax Court · 1958
- Maytag v. CommissionerUnited States Tax Court · 1959
- Day Mines, Inc. v. CommissionerUnited States Tax Court · 1964
- Estate of Bryan v. CommissionerUnited States Tax Court · 1960
- Lloyd Corp. v. RiddellDistrict Court, S.D. California · 1963
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