Legal Opinion

McCall v. Commissioner

United States Tax Court

Decided October 31, 1956No. Docket Nos. 53583, 53584Published

During 1952, petitioners Walter Bernard McCall, Sam G. McCall, and a third partner deep mined coal under a contract with the lessee of certain coal lands. They had the exclusive right to deep mine all coal covered by the contract, and the price which they received was dependent upon the sale of the coal and the market price thereof. The amount of coal mined was determined by the lessee.

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During 1952, petitioners Walter Bernard McCall, Sam G. McCall, and a third partner deep mined coal under a contract with the lessee of certain coal lands. They had the exclusive right to deep mine all coal covered by the contract, and the price which they received was dependent upon the sale of the coal and the market price thereof. The amount of coal mined was determined by the lessee. Held, petitioners had an economic interest in the coal which they mined and are entitled to a percentage depletion allowance in computing their income, as provided in sections 23 (m) and 114 (b) of the 1939…

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. 53583, 53584

United States Tax Court

27 T.C. 133; 1956 U.S. Tax Ct. LEXIS 45;

October 31, 1956, Filed

Decisions will be entered for the petitioners.

During 1952, petitioners Walter Bernard McCall, Sam G. McCall, and a third partner deep mined coal under a contract with the lessee of certain coal lands. They had the exclusive right to deep mine all coal covered by the…

2Cases cited1 opinion

  1. McCall v. CommissionerUnited States Tax Court · 1956

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