Legal Opinion
Elm Development Company v. Commissioner of Internal Revenue
Court of Appeals for the Fourth Circuit
Decided March 19, 1963No. 8769PublishedCited by 10 opinions
1Opinion of the Court
J. SPENCER BELL, Circuit Judge.
The issue in this appeal from the United States Tax Court is whether Elm Development Company, as to fiscal years 1957 and 1958, is entitled to a percentage depletion deduction based on amounts received for mining coal under a contract with the lessee of the mined land. The Tax Court decided against Elm’s claim.
Laredo Coal Mining Company is lessee of the land involved under a lease entered into on June 2, 1947, with the Pardee Land Company. On April 17, 1957, Laredo and Elm entered into a written agreement, whereby Elm would auger mine coal in certain areas of…
2Cases cited11 opinions
- Palmer v. BenderSupreme Court of the United States · 1932
- Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
- Parsons v. SmithSupreme Court of the United States · 1959
- United States v. James C. And Helen M. Stallard, and Dewey H. And Geneva StallardCourt of Appeals for the Fourth Circuit · 1959
- John G. MacMullen v. South Carolina Electric & Gas CompanyCourt of Appeals for the Fourth Circuit · 1963
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bryant v. CommissionerUnited States Tax Court · 1966
- 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
- Cbn Corporation (Formerly Columbian Carbon Company) v. The United StatesCourt of Appeals for the D.C. Circuit · 1964
- Robert Lee Merritt and Winnie Merritt, G. Wesley Merritt and Fannie J. Merritt, Jack D. Merritt and Willa Gray Merritt, Virginia Bowling and Gladys Bowling, and James O. Watson, 3rd, and Lucy J. Watson v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Paragon Jewel Coal Company, Inc.Court of Appeals for the Fourth Circuit · 1964
- W. W. Oliver, Sr., Individually and as Administrator of the Estate of Alice M. Oliver v. United StatesCourt of Appeals for the Fourth Circuit · 1969
5 more not listed; retrieve them via the Exa API.