Dann v. Commissioner
United States Tax Court
A contractor required large amounts of fill dirt for use in constructing a railroad right-of-way and protecting levees; and its representatives entered into arrangements with petitioners who had extensive farmlands in the vicinity that were being used for dairy farming, for purchase of the soil down to the top of the water table on certain of their tracts.
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A contractor required large amounts of fill dirt for use in constructing a railroad right-of-way and protecting levees; and its representatives entered into arrangements with petitioners who had extensive farmlands in the vicinity that were being used for dairy farming, for purchase of the soil down to the top of the water table on certain of their tracts. Thereafter, under short written agreements executed by the parties, the contractor was given the right to remove the soil from said tracts which were described by metes and bounds; it was required to leave the walls and floors of the…
1Opinion of the Court
PieRCe, Judge:
The respondent determined deficiencies in petitioners’ income taxes in the amounts of $3,047.70 for the year 1951, and $3,799.40 for the year 1952.
Most of the adjustments made by respondent in his notice of deficiency were not contested.
The sole issue for decision is whether sums which petitioners received from a contractor for all of the usable soil from certain tracts of their farmlands, which was used by the contractor as fill dirt in the construction of nearby levees and a relocated railroad right-of-way, constituted proceeds from the sale of capital assets, or ordinary…
2Cases cited9 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Palmer v. BenderSupreme Court of the United States · 1932
- Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
- Crowell Land and Mineral Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957
- William Louis Albritton v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Golsen v. CommissionerUnited States Tax Court · 1970
- Nathaniel C. Wood and Gertrude L. Wood v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Walter R. Laudenslager and Marguerite Laudenslager v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1962
- Charles A. Linehan v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1961
- Green v. CommissionerUnited States Tax Court · 1961
32 more not listed; retrieve them via the Exa API.