Douglas v. Commissioner

THOMAS, Circuit Judge.

These appeals of three taxpayers from a decision (46 B.T.A. 943) of the United States Board of Tax Appeals, now the United States Tax Court, and a cross appeal of the Commissioner, present two problems for determination: (1) Whether Article 23(m) — 10(c) of Treasury Regulations 94 promulgated under the Revenue Act of 1936 is valid; and (2) if the regulation is valid, may the taxpayer in the taxable year exclude a depletion deduction taken in a former year when no tax benefit resulted from the deduction in the earlier year?

Both these problems have heretofore been…