Milby & Dow Coal & Mining Co. v. Commissioner
United States Board of Tax Appeals
1. Where the tax shown on the return is not increased by the respondent the Board has no jurisdiction, notwithstanding the rejection of a claim in abatement. Estate of John Ballot,3 B.T.A. 583. 2. Respondent's determination of depreciation for each of the years is approved. 3. Petitioners have failed to establish their invested capital and respondent's determination thereof is approved. 4. March 1, 1913, value of coal mining leaseholds determined for purposes of depletion.
1Opinion of the Court
MILBY & DOW COAL AND MINING COMPANY AND ENNIS ICE COMPANY, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Milby & Dow Coal & Mining Co. v. Commissioner
Docket Nos. 22021, 22022, 26259, 42184.
United States Board of Tax Appeals
24 B.T.A. 40; 1931 BTA LEXIS 1703;
September 17, 1931, Promulgated
1. Where the tax shown on the return is not increased by the respondent the Board has no jurisdiction, notwithstanding the rejection of a claim in abatement. Estate of John Ballot,3 B.T.A. 583.
2. Respondent's determination of depreciation for each of the years is approved.
3. Petitioners have…
2Cases cited2 opinions
- New York Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1925
- Milby & Dow Coal & Mining Co. v. CommissionerUnited States Board of Tax Appeals · 1931