Everts v. Commissioner
United States Board of Tax Appeals
Where the petitioners, as tenants in common of undivided interests in an oil and gas lease, arranged for the development and management of their property through separate, individual agreements with a common agent whose powers and authority were expressly delegated and fixed in advance by such separate agreements, held, that the petitioners did not constitute associations taxable as corporations.
1Opinion of the Court
*1046OPINION.
Tyson :
At the outset we deem it necessary to determine the character of the interests, i. e., the property rights, acquired by those who subscribed to the Everts-Jamison lease drilling fund, for, in ouT opinion, the true character of such interests constitutes one of the salient features upon which must rest the determination of the principal issue here involved. While the Federal taxing statutes have certain of their own criteria for determining liability thereunder for Federal taxes, Burnet v. Harmel, 287 U. S. 103; Weiss v. Wiener, 279 U. S. 333; Burk-Waggoner Oil Association v.…
2Cases cited21 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Crooks v. HarrelsonSupreme Court of the United States · 1930
- Poe v. SeabornSupreme Court of the United States · 1930
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- Tyler v. United StatesSupreme Court of the United States · 1930
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3Cited by9 opinions
- John Province 1 Well v. CommissionerUnited States Tax Court · 1961
- McKean v. ScofieldCourt of Appeals for the Fifth Circuit · 1940
- Lease v. CommissionerUnited States Tax Court · 1944
- Everts v. CommissionerUnited States Board of Tax Appeals · 1938
- John Province 1 Well v. CommissionerUnited States Tax Court · 1961
4 more not listed; retrieve them via the Exa API.