FHE Oil Co. v. Commissioner of Internal Revenue

SIBLEY, Circuit Judge.

A vigorous motion for rehearing, supported by an exhaustive brief, contends that the decision is wholly wrong, and especially that the cost of drilling the “dry hole” should have been deducted as an expense of business or as a loss realized. Upon an assertion that the whole oil producing business is affected by the argument of our opinion to the effect that the option to deduct the drilling cost of a successful well, as given by Regulation of the Treasury Department, is contrary to the statute and wholly void, we permitted briefs to be filed by thirty counsel for other…