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KEYSTONE COAL CO. v. COMMISSIONER

Docket No. 64305.

30 T.C. 1008 (1958)

KEYSTONE COAL COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed July 31, 1958.

Attorney(s) appearing for the Case

J. G. Holland, Esq., and Donald W. Roe, Esq., for the petitioner.

Thomas E. Fontecchio, Esq., for the respondent.

The Commissioner determined deficiencies of $4,205.74 and $5,459.07 in income tax of the petitioner for the years 1952 and 1953. The only issue for decision is whether the Commissioner erred in denying the petitioner a deduction for depreciation on its depreciable property used by a lessee in mining coal under a lease from the petitioner.

FINDINGS OF FACT.

The petitioner corporation filed its income tax returns...

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