Consolidated Chol. G. & SM Co. v. Commissioner of Int. Rev.
Decision Date | 11 February 1943 |
Docket Number | No. 10198.,10198. |
Parties | CONSOLIDATED CHOLLAR GOULD & SAVAGE MIN. CO. v. COMMISSIONER OF INTERNAL REVENUE. |
Court | U.S. Court of Appeals — Ninth Circuit |
John D. Gallaher, of San Francisco, Cal., for appellant.
Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Bernard Chertcoff, and Arthur A. Armstrong, Sp. Assts. to the Atty. Gen., for appellee.
Before DENMAN, HANEY, and STEPHENS, Circuit Judges.
Petitioner seeks a review of a decision of the United States Board of Tax Appeals, now Tax Court of the United States, sustaining a deficiency in income taxes for the tax years 1936 and 1938, computed by the respondent. The deficiency is based on the disallowance of a deduction claimed by petitioner from gross income "from the extraction of gold by the petitioner from certain dumps consisting of rocks and ore material which had never been milled or processed in any way but which had been deposited upon lands owned by the petitioner from mines not located on such lands many years prior to the acquisition of said lands by the petitioner."
In computing net income there shall be allowed as deductions:
* * * * *
* * *"Revenue Act of 1934, c. 277, 48 Stat. 680, U.S.C., Title 26, § 23, 26 U.S.C.A. Int.Rev.Code, § 23.
We agree with the Board that rocks and ore material, unworked other than in the fracturing and crushing incident to its removal from a mine, dumped from mines not owned by petitioner upon land not then owned but subsequently acquired by petitioner are not within the classification of "mines, * * * and * * * other natural deposits." It is a rational interpretation of Sec. 23(m) that the word "mines" is included in the concluding general classification of "natural deposits." If the dumps could be regarded as a mine, they are made by man and not by...
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