
    Appeal of OPERATORS FUEL AGENCY.
    Docket No. 6349.
    Decided July 31, 1926.
    
      John B. Brwnot, Esq., for the petitioner. •
    
      Ward Loveless, Esq., for the Commissioner.
    Before GrattpNer  and Trammell.
    
      
       This decision .was prepared during Mr. Graupner’s term of office.
    
   Trammell

: This is an appeal from the determination of a deficiency in income and profits taxes for the year 1920 in the amount of $2,761.15. The question involved is whether the taxpayer is entitled to have its taxes assessed under the provisions of section 328 of the Revenue Act of 1918.

FINDINGS OF FACT.

The taxpayer is a Pennsylvania corporation having its principal office at Greensburg.

The authorized capital stock was $200,000, of which $90,000 was issued and outstanding during the taxable year. The statutory invested capital of the taxpayer, as determined by the Commissioner, was $79,000. During the taxable year the taxpayer did a gross business in the amount of $6,024,504.85. Its net profits were $138,159.14. The amount of taxes paid for the year was $57,158.94. Approximately 75 per cent of the coal which was sold by the taxpayer was purchased by it from its stockholders.

The Fort Pitt Coal & Coke Co., which was engaged in selling coal during the year 1920, had a gross income of $144,234.92; gross sales of $3,993,154.73; and net income of $58,954.94. The profits tax for that year was $15,370.60 and its total tax was $19,528.55. Its ratio of profits tax to net income was 26 per cent. Its invested capital was $135,927.05.

Judgment for the 0ormnissioner.  