Legal Opinion

Berg v. Commissioner

United States Board of Tax Appeals

Decided May 11, 1927No. Docket No. 7029PublishedCited by 14 opinions

Certain instruments herein construed and 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.

1Opinion of the Court

*1289OPINION.

LittletoN:

The tax in controversy is for the year 1922 and if the consideration received by the petitioners for leasing the said oil and gas rights falls within the classification of gain from the sale *1290of capital assets as provided by section 206 of the Bevenue Act of 1921, the Commissioner’s determination is erroneous, but if section 206 does not apply to the income received by petitioners from the oil and gas leases involved herein, the Commissioner’s determination is correct.

The pertinent parts of section 206 of the Bevenue Act of 1921, which petitioners insist apply and the…

2Cases cited20 opinions

  1. Stephens County v. Mid-Kansas Oil & Gas Co.Texas Supreme Court · 1923
  2. Burk-Waggoner Oil Assn. v. HopkinsSupreme Court of the United States · 1925
  3. Von Baumbach v. Sargent Land Co.Supreme Court of the United States · 1917
  4. Lynch v. Alworth-Stephens Co.Supreme Court of the United States · 1925
  5. Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910

15 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Anderson v. United StatesUnited States Court of Claims · 1936
  2. Berg v. CommissionerUnited States Board of Tax Appeals · 1927
  3. Boynton v. CommissionerUnited States Board of Tax Appeals · 1928
  4. Browning v. CommissionerUnited States Board of Tax Appeals · 1929
  5. Burket v. CommissionerUnited States Board of Tax Appeals · 1930

9 more not listed; retrieve them via the Exa API.

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