Parkey v. Commissioner
United States Board of Tax Appeals
1. Certain instruments held to be oil and gas leases and not sales of capital assets within the meaning of section 206 of the Revenue Act of 1921 and section 208 of the Revenue Act of 1924. 2. Royalties received from oil and gas leases on the separate property of a husband held under the facts of these proceedings not to constitute community income under the laws of Texas. 3. The Board will not decide a pure question of law where no facts are admitted or proven upon which a…
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1. Certain instruments held to be oil and gas leases and not sales of capital assets within the meaning of section 206 of the Revenue Act of 1921 and section 208 of the Revenue Act of 1924. 2. Royalties received from oil and gas leases on the separate property of a husband held under the facts of these proceedings not to constitute community income under the laws of Texas. 3. The Board will not decide a pure question of law where no facts are admitted or proven upon which a recomputation of the tax can be made.
1Opinion of the Court
*444OPINION.
MilltkeN :
Counsel for the respective parties stipulated that the only question before the Board in these proceedings is the proper method o,f taxing certain monies received by the petitioners as con-*445sideración for the execution of certain agreements designated and common!y known in Texas as “ oil and gas leases ” on certain portions of the land above referred to. Petitioner James R. Parkey contends that respondent erred in not according him the benefit of section 206 of the Revenue Act of 1921 and section 208 of the Revenue Act of 1924. These sections in part provide for the taxation…
2Cases cited11 opinions
- Stephens County v. Mid-Kansas Oil & Gas Co.Texas Supreme Court · 1923
- United States v. RobbinsSupreme Court of the United States · 1926
- Burk-Waggoner Oil Assn. v. HopkinsSupreme Court of the United States · 1925
- Von Baumbach v. Sargent Land Co.Supreme Court of the United States · 1917
- Stratton's Independence, Ltd. v. HowbertSupreme Court of the United States · 1913
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3Cited by11 opinions
- Roderick v. CommissionerUnited States Tax Court · 1971
- Sneed v. CommissionerUnited States Board of Tax Appeals · 1934
- Blease v. CommissionerUnited States Board of Tax Appeals · 1929
- Ferguson v. CommissionerUnited States Board of Tax Appeals · 1930
- Hirotoshi Yamamoto v. CommissionerUnited States Tax Court · 1990
6 more not listed; retrieve them via the Exa API.