Warren v. Commissioner
United States Tax Court
Petitioner, who is engaged in producing sod, sought to justify his deductions for cost of soil by claiming allowances for cost depletion on his mineral lands and percentage depletion on land containing peat soil. Without deciding whether a sod producer is entitled to any allowance for depletion, it is held petitioner failed to present sufficient evidence from which any amount of cost or percentage depletion could be computed under the statutes and applicable regulations.
1Opinion of the Court
Mulroney, Judge:
The respondent determined deficiencies in petitioner’s income tax for the years 1956,1957, and 1958 in the amounts of $9,103.63, $10,893.62, and $16,545.23, respectively. The sole issue is whether petitioner is entitled to a deduction for cost or percentage depletion for topsoil in connection with his business of growing and selling sod.
FINDINGS OF FACT
Some of the facts were stipulated and they are so found.
Benedict O. Warren, Jr., hereinafter called petitioner, is a resident of Palos Park, Ill. He filed his Federal income tax returns for the years 1956,1957, and 1958 with the…
2Cases cited1 opinion
- Helvering v. Wilshire Oil Co.Supreme Court of the United States · 1939
3Cited by5 opinions
- A. Duda & Sons, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1977
- Meyers v. CommissionerUnited States Tax Court · 1976
- Meyers v. CommissionerUnited States Tax Court · 1976
- Nesmith v. CommissionerUnited States Tax Court · 1972
- Warren v. CommissionerUnited States Tax Court · 1963