Legal Opinion

Washburn v. Commissioner

United States Tax Court

Decided May 27, 1965No. Docket Nos. 92521, 1198-62, 1299-62PublishedCited by 10 opinions

Held, petitioner husband, a contract miner of uranium ore under specific written contracts, had no economic interest in the ore in place and therefore was not entitled to a deduction for percentage depletion against the income received under the mining contracts. Parsons v. Smith, 359 U.S. 215 (1959), and Paragon Coal Co. v. Commissioner, 380 U.S. 624 (1965), followed. Additions to tax for negligence sustained.

1Opinion of the Court

Hoyt, Judge:

Respondent determined deficiencies in and additions to the income tax of petitioners as follows:

Docket No. Calendar year Deficiency Additions to tax Sec. 6653(a) Sec. 6654 Total

92521... 1956 $21,599.57 $1,079.98

92521... 1957 22,766.15 1,143.31 $16.69 23,926.15

92521... 1958 35,489.12 66.81

1198-62.. 1959 15,824.79 15,824.79

1299-62.. 1960 29,590.42 29,590.42

Total-125, 270.05 3,997.75 83.50 129,351.30

These cases have been consolidated for trial, briefing, and opinion. After abandonment and concession of various issues by both parties the only questions remaining for decision are…

2Cases cited19 opinions

  1. Courtney v. CommissionerUnited States Tax Court · 1957
  2. Parsons v. SmithSupreme Court of the United States · 1959
  3. Paragon Jewel Coal Co. v. CommissionerSupreme Court of the United States · 1965
  4. Hurley v. CommissionerUnited States Tax Court · 1954
  5. Estate of Albert D. Phillips, Deceased, Viola T. Chartrand, Formerly Viola T. Phillips, Administratrix v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957

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

3Cited by10 opinions

  1. Bunnel v. CommissionerUnited States Tax Court · 1968
  2. Mullins v. CommissionerUnited States Tax Court · 1967
  3. Estate of Harrison v. CommissionerUnited States Tax Court · 1974
  4. Benitez v. Comm'rUnited States Tax Court · 1967
  5. Bunnel v. CommissionerUnited States Tax Court · 1968

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

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