Legal Opinion

Browning v. Commissioner

United States Board of Tax Appeals

Decided May 10, 1929No. Docket Nos. 25154-25158, 25171, 25172Published

Where the owners of a tract of land had executed an oil and gas lease and subsequent to the execution of the lease and subsequent to the discovery of oil on the premises gratuitously assigned part of the royalty to their children for the term of one year, held, that the donees are not taxable on any part of the royalty received by them.

1Opinion of the Court

J. T. BROWNING, C. A. BRYSON, MRS. H. L. LACEY, M. T. BRYSON, J. H. MCDONALD, MRS. S. A. SILLIX, AND T. W. BRYSON, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Browning v. Commissioner

Docket Nos. 25154-25158, 25171, 25172.

United States Board of Tax Appeals

16 B.T.A. 485; 1929 BTA LEXIS 2582;

May 10, 1929, Promulgated

Where the owners of a tract of land had executed an oil and gas lease and subsequent to the execution of the lease and subsequent to the discovery of oil on the premises gratuitously assigned part of the royalty to their children for the term of one year, held, that…

2Cases cited26 opinions

  1. Von Baumbach v. Sargent Land Co.Supreme Court of the United States · 1917
  2. Stratton's Independence, Ltd. v. HowbertSupreme Court of the United States · 1913
  3. Stanton v. Baltic Mining Co.Supreme Court of the United States · 1916
  4. Rensselaer & S. R. v. IrwinCourt of Appeals for the Second Circuit · 1918
  5. United States v. Biwabik Mining Co.Supreme Court of the United States · 1918

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