Legal Opinion

United States v. Paul R. White and Anna Lee White

Court of Appeals for the Tenth Circuit

Decided September 30, 1968No. 9174_1PublishedCited by 20 opinions

1Opinion of the Court

SETH, Circuit Judge.

This is an action for refund of federal income taxes paid for the calendar years 1959 through 1962, in the amount of $73,600.96. We considered a portion of this same transaction involving the same taxpayers in United States v. White, 311 F.2d 399 (10th Cir. 1962).

The primary issue on appeal concerns the correctness of the trial court’s conclusion that certain royalty payments were taxable as long term capital gain rather than as ordinary income subject to depletion.

The record shows that uranium was discovered on the taxpayers’ fee land in 1953, and they leased it to an…

2Cases cited21 opinions

  1. Burnet v. HarmelSupreme Court of the United States · 1932
  2. Palmer v. BenderSupreme Court of the United States · 1932
  3. Burton-Sutton Oil Co. v. CommissionerSupreme Court of the United States · 1946
  4. Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
  5. Helvering v. Bankline Oil Co.Supreme Court of the United States · 1938

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3Cited by20 opinions

  1. Earl Vest and Fay Vest, Petitioners-Appellees-Cross v. Commissioner of Internal Revenue, Respondent-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1973
  2. James A. Rutledge and Mattie L. Rutledge v. United StatesCourt of Appeals for the Fifth Circuit · 1970
  3. Deskins v. CommissionerUnited States Tax Court · 1986
  4. Callahan Mining Corp. v. CommissionerUnited States Tax Court · 1969
  5. James T. Cox v. United StatesCourt of Appeals for the Fourth Circuit · 1974

15 more not listed; retrieve them via the Exa API.

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