Legal Opinion

United States v. R. A. Wade, Individually

Court of Appeals for the Fifth Circuit

Decided August 17, 1967No. 23960_1PublishedCited by 9 opinions

1Opinion of the Court

AINSWORTH, Circuit Judge:

This is a suit for recovery of income taxes paid for the years 1958-1961, inclusive. The question presented is whether taxpayer-appellee, a miner of dolomite under a written contract with a quarry owner, had an economic interest in the dolomite in place which entitled him to a percentage depletion allowance in computing his taxable income derived from the mining operations.

R. A. Wade & Company (Wade) was a partnership composed of husband and wife who filed joint income tax returns for the years involved in which they took a percentage depletion deduction of 15 per .…

2Cases cited7 opinions

  1. Helvering v. Bankline Oil Co.Supreme Court of the United States · 1938
  2. Parsons v. SmithSupreme Court of the United States · 1959
  3. Paragon Jewel Coal Co. v. CommissionerSupreme Court of the United States · 1965
  4. United States Pipe & Foundry Co. v. PattersonDistrict Court, N.D. Alabama · 1962
  5. United States v. Gordon Simmons and I. v. Simmons, Executors of the Estate of B. Hill SimmonsCourt of Appeals for the Fifth Circuit · 1965

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

3Cited by9 opinions

  1. Kenneth Whitmer and Beatrice Whitmer v. Commissioner of Internal Revenue. William E. Heitzman and Mary Heitzman v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1971
  2. Harrington v. CommissionerUnited States Tax Court · 1967
  3. Bakertown Coal Co. v. United StatesUnited States Court of Claims · 1973
  4. Winters Coal Co., Inc., Petitioner-Appellant-Cross v. Commissioner of Internal Revenue, Respondent-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1974
  5. Holbrook v. CommissionerUnited States Tax Court · 1975

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

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