Green v. Commissioner
United States Tax Court
Amounts received by petitioners from two road construction contractors for soil extracted and removed from their property is taxable as ordinary income and not as long-term capital gain. The contracts under review did not effect a sale of the soil in place; such soil was in fact sold from time to time pursuant to the contracts as it was extracted from petitioners' land.
1Opinion of the Court
OPINION.
Raum, Judge:
The question before us has become a familiar one. Whether the profit realized by a landowner with respect to the removal and sale of dirt, sand, gravel, or any mineral deposit on or in his property may properly be classified as capital gain or ordinary income has been dealt with in a number of cases reaching a variety of. results. E.g., Otis A. Kittle, 21 T.C. 79, affirmed 229 F. 2d 313 (C.A. 9); Battjes v. United States, 172 F. 2d 1 (C.A. 6); Albritton v. Commissioner, 248 F. 2d 49 (C.A. 5), affirming in part 24 T.C. 903; Crowell Band & Mineral Corp. v. Commissioner, 242…
2Cases cited19 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Palmer v. BenderSupreme Court of the United States · 1932
- Burton-Sutton Oil Co. v. CommissionerSupreme Court of the United States · 1946
- Anderson v. HelveringSupreme Court of the United States · 1940
- Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
14 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Nathaniel C. Wood and Gertrude L. Wood v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Pleasanton Gravel Co. v. CommissionerUnited States Tax Court · 1975
- Byrne v. CommissionerUnited States Tax Court · 1988
- Lesher v. CommissionerUnited States Tax Court · 1979
- Rose v. CommissionerUnited States Tax Court · 1971
17 more not listed; retrieve them via the Exa API.