Legal Opinion

Fink v. Commissioner

United States Tax Court

Decided March 20, 1958No. Docket Nos. 57387, 57388, 57389, 57390Published

1. Contracts, terminable at will, for strip mining coal, whereby a partnership, strip miner, agreed to deliver all coal mined to the lessor, owner, and receive a specified price per ton of coal delivered, held, did not give the partnership an economic interest in the coal in place so as to entitle the partnership to a depletion deduction under sections 23 (m) and 114 (b) (4), I. R. C. 1939. 2. The cancellation of a debt in return for the assignment of a claim which was in…

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1. Contracts, terminable at will, for strip mining coal, whereby a partnership, strip miner, agreed to deliver all coal mined to the lessor, owner, and receive a specified price per ton of coal delivered, held, did not give the partnership an economic interest in the coal in place so as to entitle the partnership to a depletion deduction under sections 23 (m) and 114 (b) (4), I. R. C. 1939. 2. The cancellation of a debt in return for the assignment of a claim which was in fact worthless at the time of the assignment, held, did not give rise to a bad debt loss under section 23 (k), I. R. C.…

1Opinion of the Court

Nathan Fink and Gertrude Fink, et al., 1 Petitioners, v. Commissioner of Internal Revenue, Respondent

Fink v. Commissioner

Docket Nos. 57387, 57388, 57389, 57390

United States Tax Court

29 T.C. 1119; 1958 U.S. Tax Ct. LEXIS 233;

March 20, 1958, Filed

Decisions will be entered under Rule 50.

1. Contracts, terminable at will, for strip mining coal, whereby a partnership, strip miner, agreed to deliver all coal mined to the lessor, owner, and receive a specified price per ton of coal delivered, held, did not give the partnership an economic interest in the coal in place so as to entitle the partnership…

2Cases cited15 opinions

  1. Palmer v. BenderSupreme Court of the United States · 1932
  2. United States v. LudeySupreme Court of the United States · 1927
  3. Burton-Sutton Oil Co. v. CommissionerSupreme Court of the United States · 1946
  4. Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
  5. Helvering v. Bankline Oil Co.Supreme Court of the United States · 1938

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