Legal Opinion

Ridley v. Commissioner

United States Tax Court

Decided June 8, 1972No. Docket No. 1814-71Published

Petitioners granted Monsanto the right to mine phosphate from a deposit that promised to yield 116,000 tons in consideration of an advance royalty payment of $ 20,000 payable, whether or not any ore was removed, in 3 fixed annual installments plus 40 cents per ton for each additional ton removed over 50,000. Held, petitioners retained an economic interest in the phosphate, and the contract constitutes a mineral lease and not a sale of a capital asset.

1Opinion of the Court

Campbell P. Ridley and Evelyn S. Ridley, Petitioners v. Commissioner of Internal Revenue, Respondent

Ridley v. Commissioner

Docket No. 1814-71

United States Tax Court

58 T.C. 439; 1972 U.S. Tax Ct. LEXIS 109;

June 8, 1972, Filed

Decision will be entered under Rule 50.

Petitioners granted Monsanto the right to mine phosphate from a deposit that promised to yield 116,000 tons in consideration of an advance royalty payment of $ 20,000 payable, whether or not any ore was removed, in 3 fixed annual installments plus 40 cents per ton for each additional ton removed over 50,000. Held, petitioners retained…

2Cases cited8 opinions

  1. Palmer v. BenderSupreme Court of the United States · 1932
  2. Nathaniel C. Wood and Gertrude L. Wood v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  3. Louis Rabiner and Lena Rabiner, Husband and Wife v. Ernest W. Bacon, Director of Internal RevenueCourt of Appeals for the Eighth Circuit · 1967
  4. Day v. CommissionerUnited States Tax Court · 1970
  5. Rose v. CommissionerUnited States Tax Court · 1971

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