Commissioner v. Molter

McDERMOTT, Circuit Judge.

Mrs. Molter claimed a credit for depletion of oil reserves in her income tax returns for 1922 and 1923, under section 214 (a) (10) of the Revenue Act of 1921 (42 Stat. 227, 239). The Commissioner disallowed the credit on *499the ground that she owned no interest in the oil depleted. The Board of Taz Appeals upheld ÍL«. Molter’s contention and the Commissioner appeals.

Depletion allowances are not confined to the owner of the fee; they are to be made to those who have a property right or interest in tho substance depleted. Weiss v. Weiner, 279 U. S. 333, 49 S. Ct. 337, 73…