Brenneman v. Commissioner

*551OPINION.

Love :

The first error assigned by the petitioners is that the respondent included in their respective taxable income for the years in question the amounts of depreciation and depletion deducted by the trustees from the gross income of the oil-producing property, no part of the amounts so deducted having been distributed to them. It is contended by the petitioners that the amounts deducted by the trustees were not distributable and, therefore, not taxable to them.

Section 219 of the Revenue Act of 1918, in part, provides:(a) That the tax imposed by sections 210 and 211 shall apply to…