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INGLE COAL CORPORATION v. UNITED STATES

No. 50326.

127 F.Supp. 573 (1955)

INGLE COAL CORPORATION v. The UNITED STATES.

United States Court of Claims.

January 11, 1955.

Attorney(s) appearing for the Case

William P. McClure and John E. McClure, Washington, D. C., for plaintiff. Joseph H. Iglehart, Evansville, Ind., was on the briefs.

J. W. Hussey, Washington, D. C., with whom was Asst. Atty. Gen., H. Brian Holland, for defendant. Andrew D. Sharpe and Ellis N. Slack, Washington, D. C., were on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

LITTLETON, Judge.

The plaintiff, a corporation, sues for $32,289.85, with interest thereon, which represents alleged overpayments of Federal income taxes for 1947 and 1948. The issue presented is whether certain "over-riding royalties" paid by plaintiff in 1947 and 1948 are deductible as ordinary and necessary expenses under section 23(a) (1) (A) of the Internal Revenue Code, 26 U.S.C. § 23(a). The facts have been stipulated and those material may be summarized...

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