Legal Opinion · Concurring in part, dissenting in part

Southland Royalty Co. v. United States

United States Court of Claims

Decided July 14, 1978No. 12-75Published

1Concurring in part, dissenting in partCowen, Senior Judge

I concur fully in Part II and Part IV of the court’s opinion but I respectfully dissent from the holding in Part III, which involves the 1967 and 1968 litigation expenses incurred by Southland in the suit filed by the Gulf Oil Company. I would adopt the opinion of the trial judge, for in my opinion, he correctly held that:

Southland’s ownership of a fraction of the royalty interest in the Waddell Ranch — and, therefore, of a fractional reversionary interest entitling Southland to participate in the further development of the minerals, or in the issuance of a new mineral lease on the property,…

2Cases cited16 opinions

  1. Woodward v. CommissionerSupreme Court of the United States · 1970
  2. Southland Royalty Co. v. Pan American Petroleum Corp.Texas Supreme Court · 1964
  3. JONES'ESTATE v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1942
  4. Reed v. CommissionerUnited States Tax Court · 1970
  5. Rassenfoss v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1946

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