McCall v. Commissioner
United States Tax Court
Petitioners, operating through their partnership, extracted coal under a contract with the lessee of the land. The contract was cancelable by either party without cause on 30 days' notice.
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Petitioners, operating through their partnership, extracted coal under a contract with the lessee of the land. The contract was cancelable by either party without cause on 30 days' notice. Held, petitioners did not possess an economic interest in the coal in place and respondent was not collaterally estopped from disallowing the claimed depletion deduction by reason of Walter Bernard McCall, 27 T.C. 133 (1956), since Parsons v. Smith, 359 U.S. 215, was a development in the applicable legal rules that changed the legal atmosphere after the decision in Walter Bernard McCall, supra.
1Opinion of the Court
Walter Bernard McCall and Marie S. McCall, Petitioners, v. Commissioner of Internal Revenue, Respondent. Sam G. McCall and Ruth W. McCall, Petitioners, v. Commissioner of Internal Revenue, Respondent
McCall v. Commissioner
Docket Nos. 85762, 85763
United States Tax Court
37 T.C. 674; 1962 U.S. Tax Ct. LEXIS 215;
January 12, 1962, Filed
Decisions will be entered for the respondent.
Petitioners, operating through their partnership, extracted coal under a contract with the lessee of the land. The contract was cancelable by either party without cause on 30 days' notice. Held, petitioners did not possess…
2Cases cited16 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Helvering v. HallockSupreme Court of the United States · 1940
- Palmer v. BenderSupreme Court of the United States · 1932
- Parsons v. SmithSupreme Court of the United States · 1959
- United States v. James C. And Helen M. Stallard, and Dewey H. And Geneva StallardCourt of Appeals for the Fourth Circuit · 1959
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