Legal Opinion
McLean v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided June 20, 1941No. 9870PublishedCited by 13 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge.
The Board treated the transaction by which the taxpayer let Yount-Lee Oil Company into the operation and enjoyment of the Cade leases in. Galveston County, Texas, as ruled by Palmer v. Bender, 287 U.S. 551, 53 S.Ct. 225, 77 L.Ed. 489; and Burnet v. Harmel, 287 U.S. 103, 53 S.Ct. 74, 77 L.Ed. 199. It held 1 that the returns taxpayer had derived therefrom, in cash and from oil payments in the tax years in question, were ordinary income from the property, and not, as claimed by the taxpayer, “gain from the sale or exchange of capital assets.” The taxpayer is here…
2Cases cited9 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Palmer v. BenderSupreme Court of the United States · 1932
- Anderson v. HelveringSupreme Court of the United States · 1940
- Helvering v. Elbe Oil Land Development Co.Supreme Court of the United States · 1938
- Commissioner of Internal Revenue v. FlemingCourt of Appeals for the Fifth Circuit · 1936
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Phillips Petroleum Co. v. JonesCourt of Appeals for the Tenth Circuit · 1949
- Farwell v. CommissionerUnited States Tax Court · 1960
- Bayou Verret Land Co. v. CommissionerUnited States Tax Court · 1969
- Exxon Corp. v. CommissionerUnited States Tax Court · 1994
- Hogan v. CommissionerCourt of Appeals for the Fifth Circuit · 1944
8 more not listed; retrieve them via the Exa API.